Consolidation Coal Company v. 3M Company, et al
| Consolidation Coal Company |
| 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. |
| United States Environmental Protection Agency |
| Johnson/Kerner Liaison Group |
| David O Ledbetter |
| 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 |
| PCS Phosphate Company, Inc. |
| Electric Equipment Corporation of Virginia, Cooper Tire & Rubber Company and Huntington Ingalls Incorporated. |
| 5:2008cv00463 |
| September 15, 2008 |
| US District Court for the Eastern District of North Carolina |
| Environmental Matters Office |
| BEAUFORT |
| Louise Wood Flanagan |
| Environmental Matters |
| 42 U.S.C. § 9607 |
| Defendant |
Docket Report
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| Document Text |
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TEXT ORDER - This matter is before the court on its own initiative, where all defendants have been dismissed from this action by court decision or stipulation of dismissal, and where consent judgment entered in related case, No. 5:16-CV-820-FL. Absent any objection filed within 14 days of the date of this order, the clerk is DIRECTED to close this case for administrative purposes. Signed by District Judge Louise Wood Flanagan on 3/8/2017. (Baker, C.)
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| Filing 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) |
| Filing 1840 STIPULATION of Dismissal of Defendant Domtar Paper Company, LLC by Duke Energy Progress, LLC (Ovies, Kelli) |
| Filing 1839 STIPULATION of Dismissal of Defendant Unimin Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1838 STIPULATION of Dismissal of Defendant Sonoco Products Company by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1837 STIPULATION of Dismissal of Defendant GKN Driveline North America, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1836 STIPULATION of Dismissal of Defendant Dixon Lumber Company, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1835 STIPULATION of Dismissal of Defendant Broad River Electric Cooperative by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1834 STIPULATION of Dismissal With Prejudice of Defendant The General Electric Company by Consolidation Coal Company (Vanneman, Julie) |
| Filing 1833 STIPULATION of Dismissal With Prejudice of Defendant Martin Marietta Materials, Inc. by Consolidation Coal Company (Vanneman, Julie) |
| Filing 1832 STIPULATION of Dismissal With Prejudice of Defendant Erachem Comilog, Inc. f/k/a Chemtals Incorporated by Consolidation Coal Company (Vanneman, Julie) |
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TEXT ORDER - Subject to the conditions enumerated in the special master's 13th status report, hearing no opposition thereto, the court now terminates the service of David O. Ledbetter, The court's thanks and good wishes are given to Mr. Ledbetter upon conclusion of his distinguished service in these matters. Signed by District Judge Louise Wood Flanagan on 11/22/2016. (Baker, C.)
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TEXT ORDER regarding #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.)
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| Filing 1831 STATUS REPORT - Thirteenth Report of Special Master by David O. Ledbetter. (Ledbetter, David) |
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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.)
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| Filing 1829 MOTION to Withdraw as Attorney filed by Mass. Electric Construction Co. (Attachments: #1 Text of Proposed Order) (Larson, Linda) |
| 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) |
| Filing 1827 STATUS REPORT by Duke Energy Progress, LLC (Ovies, Kelli) |
| Filing 1826 STIPULATION of Dismissal with Prejudice of Carr & Duff, Inc. by Consolidation Coal Company (Vanneman, Julie) |
| Filing 1825 STIPULATION of Dismissal of Claims Against Third Party Defendant Georgia Pacific, LLC by PCS Phosphate Company, Inc. (Meynardie, Robert) |
| Filing 1824 STIPULATION of Dismissal with Prejudice of Union Carbide Corporation by Consolidation Coal Company (Vanneman, Julie) |
| 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) |
| Filing 1822 STIPULATION of Dismissal With Prejudice of Defendant Lafarge Mid-Atlantic LLC by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1821 STIPULATION of Dismissal of Defendant Vulcan Construction Materials, LLC by Consolidation Coal Company (Vanneman, Julie) |
| Filing 1820 STIPULATION of Dismissal of Defendant North Georgia Electric Membership Corporation by Consolidation Coal Company (Vanneman, Julie) |
| Filing 1819 STIPULATION of Dismissal of Defendant Huntington Ingalls Incorporated by Consolidation Coal Company (Vanneman, Julie) |
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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.)
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| Filing 1817 MOTION to Amend Case Caption filed by Vulcan Construction Materials, L.P. (Attachments: #1 Text of Proposed Order) (Rathgeber, Geoffrey) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1817 MOTION to Amend Case Caption. (Baker, C.) |
| Filing 1816 STIPULATION of Dismissal of Defendant Chemical Products Corporation by Duke Energy Progress, LLC (Ovies, Kelli) |
| 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.) |
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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.)
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| Filing 1815 STATUS REPORT - Twelfth Report of Special Master by David O Ledbetter. (Ledbetter, David) |
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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.)
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| 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) |
| 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) |
| Filing 1812 STIPULATION of Dismissal With Prejudice of Defendant Intertape Polymer Group, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| 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) |
| 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.) |
| 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.) |
| Filing 1809 STIPULATION of Dismissal With Prejudice of Defendant Virginia Electric and Power Company by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
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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.)
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| Filing 1807 MOTION to Withdraw as Attorney filed by Caterpillar Inc. (Attachments: #1 Text of Proposed Order to Withdraw as Counsel) (Cronin, Julie) |
| 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.) |
| Filing 1805 STIPULATION of Dismissal of Defendant Cape Hatteras Electric Membership Corporation by Duke Energy Progress, LLC (Ovies, Kelli) |
| 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) |
| 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) |
| Filing 1802 STIPULATION of Dismissal With Prejudice of Defendant Guernsey-Muskingum Electric Cooperative, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1801 STIPULATION of Dismissal With Prejudice of Defendant Owen Electric Steel Company of South Carolina by Consolidation Coal Company. (Vanneman, Julie) |
| Filing 1800 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Novartis Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1799 STIPULATION of Dismissal With Prejudice of Defendant Furman University by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1798 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Robert Bosch LLC by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1797 STIPULATION of Dismissal With Prejudice of Defendant Consumers Energy Company by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
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TEXT ORDER regarding Eleventh Report of Special Master - The court acknowledges its receipt and review of report by the Special Master, and the continued progress described therein. Again, the court commends the Special Master for his important work in the case. The Special Master is DIRECTED to file a 12th status report on or before July 20, 2016. Signed by District Judge Louise Wood Flanagan on 5/9/2016. (Baker, C.)
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| Filing 1796 STATUS REPORT - Eleventh Report of Special Master by David O Ledbetter. (Ledbetter, David) |
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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.)
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| Filing 1794 MOTION to Withdraw as Attorney of Record filed by Guernsey-Muskingum Electric Cooperative, Inc.. (Attachments: #1 Text of Proposed Order) (Perdion, Jason) |
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Filing 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.)
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| Motion Submitted to District Judge Louise Wood Flanagan regarding #1794 MOTION to Withdraw as Attorney of Record. (Tripp, S.) |
| 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.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1791 MOTION for Extension of Time. (Baker, C.) |
| 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) |
| 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) |
| 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) |
| Filing 1789 STIPULATION of Dismissal of Defendant Baltimore Gas and Electric Company by Duke Energy Progress, LLC (Ovies, Kelli) |
| Filing 1788 STIPULATION of Dismissal With Prejudice of Defendant Bedford Rural Electric Cooperative, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1787 STIPULATION of Dismissal With Prejudice by PCS Phosphate Company, Inc., The National Lime and Stone Company. (Shipley, Curtis) |
| 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) |
| 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) |
| Filing 1784 STIPULATION of Dismissal With Prejudice of Defendant Santee Electric Cooperative, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1783 STIPULATION of Dismissal With Prejudice of Defendant Greenwood Mills, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1782 STIPULATION of Dismissal With Prejudice of Defendant CHRISTUS Health Northern Louisiana by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1781 STIPULATION of Dismissal With Prejudice of Defendant Monongahela Power Company by Consolidation Coal Company (Vanneman, Julie) |
| Filing 1780 STIPULATION of Dismissal With Prejudice of Defendant West Penn Power Company by Consolidation Coal Company (Vanneman, Julie) |
| Filing 1779 STIPULATION of Dismissal of Defendant Pharmacia LLC by Duke Energy Progress, LLC (Ovies, Kelli) |
| Filing 1778 STIPULATION of Dismissal With Prejudice of Defendant Palmetto Electric Cooperative, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| 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) |
| Filing 1776 STIPULATION of Dismissal With Prejudice of Defendant Buist Electric, Inc. by Consolidation Coal Company (Vanneman, Julie) |
| Filing 1775 STIPULATION of Dismissal of Defendant Town of Louisburg by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1774 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Truland Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
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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.)
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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.)
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| 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) |
| 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) |
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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.)
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| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1767 MOTION for Extension of Time to File Responses. (Baker, C.) |
| 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) |
| 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) |
| Filing 1766 STATUS REPORT - Tenth Report of Special Master by David O. Ledbetter. (Ledbetter, David) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1740 MOTION for Relief from Liaison Counsel Duties. (Baker, C.) |
| Filing 1765 STIPULATION of Dismissal With Prejudice of Defendant Royal Street Junk Company, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1764 STIPULATION of Dismissal With Prejudice of Defendant Caterpillar, Inc. by Consolidation Coal Company. (Vanneman, Julie) |
| 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) |
| Filing 1762 STIPULATION of Dismissal of Koch Industries, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
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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.)
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| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan regarding #1760 Consent MOTION for Extension of Time to File Response/Reply. (Tripp, S.) |
| Filing 1759 STIPULATION of Dismissal of Defendant Frontier Communications Corporation by Duke Energy Progress, LLC (Ovies, Kelli) |
| 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) |
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TEXT ORDER - In light of the volume of materials filed in relation to the summary judgment motions now pending, the court directs the parties to provide to the court one set of courtesy copies of papers already filed, or to be filed, in support of or in opposition to the motions, within 14 days of the date of this order or the date of filing of such papers, whichever is later. Courtesy copies shall include all briefs and exhibits, except exhibits comprising unpublished cases. Courtesy copies shall be one-sided, tabbed, and secured with rubber bands or clips, but not placed in binders. Courtesy copies shall be delivered to the attention of the Clerk, U.S. District Court, 413 Middle St., New Bern, NC 28560. Signed by District Judge Louise Wood Flanagan on 12/18/2015. (Baker, C.)
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| Filing 1757 STIPULATION of Dismissal With Prejudice of Defendant Cargill Incorporated by Consolidation Coal Company (Vanneman, Julie) |
| Filing 1756 STIPULATION of Dismissal of Defendant International Paper Company by Duke Energy Progress, LLC (Ovies, Kelli) |
| Filing 1755 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Southern Alloy Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1754 STIPULATION of Dismissal with Prejudice of Third-Party Defendant GenCorp Inc. by PCS Phosphate Company, Inc. (Shipley, Curtis) |
| Filing 1753 STIPULATION of Dismissal with Prejudice of Third-Party Defendant Riley Power Inc. by PCS Phosphate Company, Inc. (Shipley, Curtis) |
| Filing 1752 STIPULATION of Dismissal of Defendant Alcoa Inc. by Duke Energy Progress, LLC (Ovies, Kelli) |
| Filing 1751 STIPULATION of Dismissal of Defendant Electric Equipment Corporation of Virginia by Duke Energy Progress, LLC (Ovies, Kelli) |
| 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) |
| 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) |
| 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) |
| Filing 1747 MOTION for Summary Judgment filed by Unimin Corporation. (Attachments: #1 Text of Proposed Order) (Fedder, Jane) |
| Filing 1746 MOTION for Summary Judgment filed by Sonoco Products Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane) |
| Filing 1745 MOTION for Summary Judgment filed by GKN Driveline North American, Inc. (Attachments: #1 Text of Proposed Order) (Fedder, Jane) |
| Filing 1744 MOTION for Summary Judgment filed by Dixon Lumber Company, Incorporated. (Attachments: #1 Text of Proposed Order) (Fedder, Jane) |
| Filing 1743 MOTION for Summary Judgment filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Text of Proposed Order) (Fedder, Jane) |
| Filing 1742 STIPULATION of Dismissal With Prejudice of Defendant BASF Corporation by Consolidation Coal Company (Vanneman, Julie) |
| Filing 1741 Memorandum in Support regarding #1740 MOTION for Relief from Liaison Counsel Duties filed by Johnson/Kerner Liaison Group. (Johnson, Keith) |
| Filing 1740 MOTION for Relief from Liaison Counsel Duties filed by Johnson/Kerner Liaison Group. (Attachments: #1 Text of Proposed Order) (Johnson, Keith) |
| Filing 1739 STIPULATION of Dismissal With Prejudice of Defendant Southland Electrical Supply, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1738 STIPULATION of Dismissal With Prejudice of Defendant Danny Corp. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1737 STIPULATION of Dismissal as to Defendant Southland Electrical Supply, Inc. by Duke Energy Progress, LLC (Ovies, Kelli) |
| Filing 1736 STIPULATION of Dismissal as to Defendant Danny Corp. by Duke Energy Progress, LLC (Ovies, Kelli) |
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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.)
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| Filing 1734 STIPULATION of Dismissal With Prejudice of Defendant Weyerhaeuser Company by Consolidation Coal Company. (Vanneman, Julie) |
| Filing 1733 STIPULATION of Dismissal With Prejudice of Defendant Bruce and Merrilees Electric Company by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1732 MOTION to Withdraw as Attorney. (Baker, C.) |
| Filing 1732 MOTION to Withdraw as Attorney filed by G&S Motor Equipment Company, Inc. (Attachments: #1 Text of Proposed Order) (Gifford, William) |
| 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) |
| Filing 1730 STIPULATION of Dismissal of Defendant Pactiv Corporation by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1729 STIPULATION of Dismissal With Prejudice of Defendant PPL Electric Utilities Corporation by Consolidation Coal Company. (Vanneman, Julie) |
| 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) |
| 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) |
| Filing 1726 STIPULATION of Dismissal With Prejudice of Defendant Tredegar Film Products Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1725 STIPULATION of Dismissal With Prejudice of Defendant Green Circle Growers, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1724 STIPULATION of Dismissal of Defendant Blue Ridge Electric Cooperative, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1723 STIPULATION of Dismissal Defendant United Technologies Corporation, Pratt & Whitney Division by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1722 STIPULATION of Dismissal of Defendant G&S Motor Equipment Company, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1721 STIPULATION of Dismissal With Prejudice of Defendant Arkema, Inc. by Consolidation Coal Company. (Vanneman, Julie) |
| Filing 1720 STIPULATION of Dismissal With Prejudice of Defendant Duquesne Light Company by Consolidation Coal Company. (Vanneman, Julie) |
| Filing 1719 STIPULATION of Dismissal With Prejudice of Defendant Jessop Steel,L.L.C. by Consolidation Coal Company. (Vanneman, Julie) |
| Filing 1718 STIPULATION of Dismissal of Defendant Washington Suburban Sanitary Commission by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1717 STIPULATION of Dismissal of Defendant Tri-State Armature & Electrical Works, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1716 STIPULATION of Dismissal of Defendant St. Joseph Medical Center, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1715 STIPULATION of Dismissal of Defendant Glenwood Regional Medical Center by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1714 STIPULATION of Dismissal of Defendant Electric Control Equipment Company by Duke Energy Progress, LLC. (Ovies, Kelli) |
| 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) |
| Filing 1712 STIPULATION of Dismissal of Defendant Duke Energy Carolinas, LLC by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1711 STIPULATION of Dismissal of Defendant Warren Electric Cooperative, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1710 STIPULATION of Dismissal of Defendant Ventech Equipment, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1709 STIPULATION of Dismissal of Defendant Union Electric Company d/b/a Ameren Missouri by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1708 STIPULATION of Dismissal of Defendant Sumter Electric Cooperative, Inc. d/b/a SECO Energy by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1707 STIPULATION of Dismissal of Defendant South Central Power Company by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1706 STIPULATION of Dismissal of Defendant Potomac Electric Power Company by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1705 STIPULATION of Dismissal of Defendant P.C. Campana, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1704 STIPULATION of Dismissal of Defendant Occidental Chemical Corporation by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1703 STIPULATION of Dismissal of Defendant NL Industries, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1702 STIPULATION of Dismissal of Defendant MidAmerican Energy Company by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1701 STIPULATION of Dismissal of Defendant Kingsport Power Company by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1700 STIPULATION of Dismissal of Defendant Jet Electric Motor Co., Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1699 STIPULATION of Dismissal of Defendant Huntsville Utilities by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1698 STIPULATION of Dismissal of Defendant Holladay Property Services Midwest, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1697 STIPULATION of Dismissal of Defendant Haines & Kibblehouse, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1696 STIPULATION of Dismissal of Defendant General Extrusions, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1695 STIPULATION of Dismissal of Defendant Florida Power & Light Company by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1694 STIPULATION of Dismissal of Defendant East Kentucky Power Cooperative, Inc. by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1693 STIPULATION of Dismissal of Defendant Delmarva Power & Light Company by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1692 STIPULATION of Dismissal of Defendant ConocoPhillips Company d/b/a Phillips 66 by Duke Energy Progress, LLC. (Ovies, Kelli) |
| 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) |
| Filing 1690 STIPULATION of Dismissal of Defendant CBS Corporation by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1689 STIPULATION of Dismissal of Defendant Atlantic City Electric Company by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1688 STIPULATION of Dismissal of Defendant Appalachian Power Company by Duke Energy Progress, LLC. (Ovies, Kelli) |
| Filing 1687 STIPULATION of Dismissal of Defendant Alcan Primary Products Corporation by Duke Energy Progress, LLC. (Ovies, Kelli) |
| 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) |
| 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) |
| 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.) |
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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.)
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| Filing 1683 STATUS REPORT Ninth Report of Special Master by David O Ledbetter. (Ledbetter, David) |
| 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.) |
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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.)
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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.)
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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.)
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| 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.) |
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TEXT ORDER - These consolidated cases come before the court to address modifications that may be sought in the attendance schedule for the second settlement session to be conducted in Raleigh, North Carolina on 24-25 September 2015 that was set forth in Paragraph 2 of the court's 17 September 2015 order (Order) (D.E. 1688 (No. 460 case); D.E. 1679 (No. 463 case)). With the exception of the in-person attendance requirement and subject to Paragraph 3 of the Order, the Special Master is authorized to make any adjustments in the attendance schedule in Paragraph 2 of the Order that he deems appropriate to facilitate settlement discussions. Signed by Magistrate Judge James E. Gates on 09/18/2015. (Baker, C.)
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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.)
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| Filing 1678 RESPONSE to Order regarding #1675 Order to Show Cause filed by Bruce-Merrilees Electric Company. (DeGeorge, R.) |
| 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.) |
| Filing 1677 Notice of Appearance for non-district counsel by Erik R. Zimmerman on behalf of Bruce-Merrilees Electric Company. (Zimmerman, Erik) |
| 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) |
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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.)
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| 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.) |
| 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) |
| 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) |
| 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) |
| 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.) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 1665 MOTION To Be Excused from Second Settlement Conference Sessions filed by Riley Power Inc. (Attachments: #1 Text of Proposed Order) (Friesen, Bradley) |
| Filing 1664 MOTION to be Excused from In-Person Attendance at Settlement Sessions Sept. 24-25, 2015 filed by Truland Corporation. (Redmond, Robert) |
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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.)
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| 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) |
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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.)
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| MOTION REFERRED to U.S. Magistrate Judge James E. Gates: #1662 MOTION to be Excused from In-Person Attendance at Settlement Conference. (Tripp, S.) |
| 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) |
| MOTION REFERRED to U.S. Magistrate Judge to James E. Gates: #1660 MOTION to Be Excused from Attendance at Settlement Conferences. (Tripp, S.) |
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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.)
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| 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.) |
| 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.) |
| 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) |
| Filing 1657 MOTION to Be Excused from Attendance at Settlement Conferences filed by Novartis Corporation. (Attachments: #1 Text of Proposed Order) (McManus, Keith) |
| 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) |
| Remark - #1656 Notice referred to U.S. Magistrate Judge James E. Gates. (Tripp, S.) |
| 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.) |
| 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) |
| 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) |
| 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.) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 1644 MOTION to be Excused from Attendance at Settlement Conferences filed by Robert Bosch LLC. (Attachments: #1 Text of Proposed Order) (Hartley, Joan) |
| 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.) |
| 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.) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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.) |
| 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.) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
| 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) |
| Filing 1612 Notice of Substitution of Counsel filed by Ruth Sheehan on behalf of Saint Augustine's College substituting for Stacie Watson. (Sheehan, Ruth) |
| 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) |
| Filing 1610 MOTION to be Excused From Requirements for In-Person Attendance at Settlement Sessions filed by Buist Electric Inc., Gencorp, Inc.. (Johnson, Keith) |
| Filing 1609 MOTION To Be Excused From Settlement Sessions filed by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Pollock, William) |
| 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) |
| 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) |
| 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) |
| Filing 1605 MOTION to be Excused from the Requirement for in-person Attendance at Settlement Sessions filed by Alcan Primary Products Corporation. (Bennett, Richard) |
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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.)
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| Filing 1603 Proposed Order regarding #1602 MOTION to be Excused From In-Person Attendance at Settlement Sessions filed by NL Industries, Inc. (Herz, Joel) |
| Filing 1602 MOTION to be Excused From In-Person Attendance at Settlement Sessions filed by NL Industries, Inc. (Herz, Joel) |
| 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.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1601 MOTION to Amend Case Caption. (Baker, C.) |
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TEXT ORDER - Requests to be excused from the requirements for in-person attendance at the settlement sessions in Raleigh on 1-2 September 2015 and 24-25 September 2015 shall be made by motion filed with the court. Any such motions for the 1-2 September 2015 session shall be filed by 18 August 2015 and for the 24-25 September 2015 session by 8 September 2015. Any responses to such a motion shall be filed within 4 business days after the filing of the motion. In the event such a motion is based on information the movant deems confidential, the movant may set forth such information in a supporting memorandum that is filed as a proposed sealed document and is accompanied by a motion to seal and memorandum supporting it, in accordance with Local Civil Rule 79.2 (E.D.N.C.) and Section T of the CM/ECF Policy Manual (E.D.N.C.). Signed by Magistrate Judge James E. Gates on 08/06/2015. (Baker, C.)
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| Filing 1601 MOTION to Amend Case Caption filed by Duke Energy Progress, Inc. (Attachments: #1 Text of Proposed Order) (Ovies, Kelli) |
| Filing 1600 STIPULATION - Joint Stipulation by Domtar Paper Company, L.L.C. (Attachments: #1 Exhibit 1 - Domtar Transformers) (Brice, F.) |
| 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.) |
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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.)
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| Filing 1599 STATUS REPORT Eighth Report of Special Master by David O Ledbetter. (Ledbetter, David) |
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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)
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| 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) |
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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.)
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| 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) |
| Filing 1594 NOTICE of Appearance by Andrew H. Erteschik on behalf of Kraft Foods Global, Inc. (Erteschik, Andrew) |
| **** 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.) |
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Filing 1593
ORDER Setting Forth Plan and Schedule for Settlement Negotiations - Signed by Magistrate Judge James E. Gates on 05/13/2015. (Baker, C.)
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| Filing 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.) |
| 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) |
| Filing 1590 NOTICE regarding #1584 ORDER by Truland Corporation - Truland Corporation's Supplemental Objection to PCS Phosphate's Categorization of Alleged Transactions. (Redmond, Robert) |
| 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) |
| 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.) |
| Filing 1587 NOTICE regarding #1584 ORDER by International Paper Company - Notice of Categorization Objection. (Olson, Kurt) |
| 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.) |
| 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.) |
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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.)
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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.)
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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.)
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| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan: #1582 MOTION to Withdraw as Attorney by Brian J. Schoolman. (Tripp, S.) |
| Filing 1581 STATUS REPORT Seventh Report of Special Master by David O Ledbetter. (Ledbetter, David) |
| 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.) |
| 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.) |
| Filing 1578 CERTIFICATE OF SERVICE by Barnes & Powell Elecrical Company, Inc. regarding #1577 Notice of Appearance (Smith, M.) |
| Filing 1577 NOTICE of Appearance by M. Riana Smith on behalf of Barnes & Powell Elecrical Company, Inc. (Smith, M.) |
| 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.) |
| 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) |
| Filing 1575 NOTICE by Truland Corporation - Sixth Amended Notice of Deposition of PCS Phosphate Company. (Redmond, Robert) |
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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.)
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| 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) |
| 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.) |
| 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.) |
| Filing 1571 PUBLISHED Opinion from Fourth Circuit Court of Appeals. AFFIRMED by published opinion. (Fogle, L.) |
| 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) |
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Filing 1569
ORDER granting in part #1544 Motion for Protective Order - Signed by District Judge Louise Wood Flanagan on 03/11/2015. (Baker, C.)
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| Filing 1568 NOTICE by Truland Corporation - Fifth Amended Notice of Deposition of PCS Phosphate Company. (Redmond, Robert) |
| 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.) |
| **** 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.) |
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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.)
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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.)
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| 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.) |
| 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) |
| Filing 1564 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Magnetic Metals Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1551 MOTION to Compel Payments for Joint Defense Costs. (Baker, C.) |
| Filing 1562 STATUS REPORT Sixth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David) |
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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.)
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| Filing 1560 STIPULATION Joint Stipulation Between Plaintiffs and Defendant Unimin Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1559 STIPULATION Joint Stipulation Between Plaintiffs and Defendant Sonoco Products Company by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| 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) |
| 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) |
| Filing 1556 STIPULATION Joint Stipulation Between Plaintiffs and Defendant GKN Driveline North America, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1555 STIPULATION Joint Stipulation Between Plaintiffs and Defendant Broad River Electric Cooperative, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1554 STIPULATION (Joint Stipulation of Truland Corporation and PCS Phosphate Company, Inc.) by Truland Corporation. (Redmond, Robert) |
| Filing 1553 Proposed Order regarding #1551 MOTION to Compel Payments for Joint Defense Costs filed by Johnson/Kerner Liaison Group. (Johnson, Keith) |
| 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) |
| Filing 1551 MOTION to Compel Payments for Joint Defense Costs by Johnson/Kerner Liaison Group. (Johnson, Keith) |
| 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.) |
| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1544 MOTION for Protective Order. (Baker, C.) |
| 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.) |
| Remark - #1541 APPEAL OF MAGISTRATE JUDGE DECISION submitted to District Judge Louise Wood Flanagan. (Baker, C.) |
| 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) |
| 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) |
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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.)
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| 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) |
| 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.) |
| 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) |
| 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) |
| Filing 1543 STIPULATION Regarding Categorization of Defendant CBS Corporation by CBS Corporation. (DeGeorge, R.) |
| 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) |
| 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) |
| Filing 1540 NOTICE of Change of Address by Curtis J. Shipley. (Shipley, Curtis) |
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TEXT ORDER: Having considered the comments of counsel and conferred with the Special Master, the court ORDERS that counsel for the parties attend a preliminary settlement conference on January 13, 2015 at the Terry Sanford Federal Building and Courthouse in Raleigh, NC. The conference shall begin at 8:30 a.m. There shall be a lunch break from 11:30 a.m. to 12:30 p.m., and the conference shall end no later than 3:30 p.m. Parties may be represented by previously designated liaison counsel. Counsel who are appearing specially pursuant to Local Civil Rule 83.1(e) and have had principal responsibility for preparing pleadings and motions may attend without local counsel, although local counsel and other party representatives may attend. The Special Master shall, no later than January 2, 2015, notify all designated liaison counsel of the agenda for and other details concerning the conference, and shall be reasonably available to answer questions of counsel regarding the conference. Signed by Magistrate Judge James E. Gates on 12/24/2014. (Richards, J.)
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| **** Set Hearing - Settlement Conference set for 1/13/2015 at 8:30 AM in Raleigh before Magistrate Judge James E. Gates. (Baker, C.) |
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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.)
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| 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) |
| 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.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1537 Consent MOTION for Extension of Time to Complete Discovery. (Baker, C.) |
| 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.) |
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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.)
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TEXT ORDER - Upon receipt and review of the Special Master's Second Supplement to his Fifth Report, for the reasons given, the Court ADOPTS the Special Master's recommendation and amends Paragraph II.B. of its Order of January 3, 2014, by revising the deadline set forth therein for dispositive motions and for certain motions related to the testimony of expert witnesses from March 2, 2015, to May 18, 2015. Signed by District Judge Louise Wood Flanagan on 12/15/2014. (Baker, C.)
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| Filing 1535 STATUS REPORT Second Supplement to Fifth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David) |
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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.)
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| Filing 1533 Proposed Order regarding #1532 MOTION to Withdraw as Attorney filed by Green Circle Growers, Inc.. (Knapp, Amanda) |
| 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.) |
| Filing 1532 MOTION to Withdraw as Attorney by Green Circle Growers, Inc. (Knapp, Amanda) |
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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.)
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| Filing 1531 STATUS REPORT Supplement to Fifth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David) |
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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.)
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| Filing 1529 STATUS REPORT Fifth Report of Special Master by David Oscar Ledbetter. (Ledbetter, David) |
| 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.) |
| Filing 1528 STIPULATION of Dismissal with Prejudice of Third-Party Defendant Emma L. Bixby Medical Center by PCS Phosphate Company, Inc. (Shipley, Curtis) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 1523 NOTICE by Tallahassee Memorial Healthcare, Inc. of Withdrawal of Counsel. (Hall, Carrie) |
| 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) |
| Filing 1521 STATUS REPORT by David Oscar Ledbetter. (Ledbetter, David) |
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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.)
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| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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.) |
| 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) |
| 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.) |
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Filing 1513
ORDER denying #1469 Motion for Summary Judgment - Signed by District Judge Louise Wood Flanagan on 09/25/2014. (Baker, C.)
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| Filing 1512 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Trinity Industries, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1511 STIPULATION of Dismissal With Prejudice of Third-Party Defendant DACCO, Incorporated by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| 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) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
| 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) |
| 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) |
| 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) |
| Filing 1503 NOTICE by The North Carolina Granite Corporation - Disclosure Rebuttal Report of Expert Witness. (Southerland, Jeffrey) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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.) |
| 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) |
| Filing 1495 Notice of Substitution of Counsel by John E. Weslander on behalf of Koch Industries Inc. substituting for Margaret Richards. (Weslander, John) |
| 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.) |
| 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) |
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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.)
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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.)
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| Filing 1493 STIPULATION of Dismissal with Prejudice of Third-Party Defendant Timken US LLC by PCS Phosphate Company, Inc. (Shipley, Curtis) |
| Filing 1492 Notice of Substitution of Counsel by Charles R. Anthony on behalf of Caterpillar Inc. substituting for Johna G. Hedden. (Anthony, Charles) |
| 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) |
| 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) |
| 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) |
| 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.) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 1484 REPLY regarding #1476 Response in Opposition to Motion for Summary Judgment filed by Truland Corporation. (Redmond, Robert) |
| Filing 1483 STIPULATION - Joint Stipulation between Erachem Comilog, Inc. and Plaintiffs by Erachem Comilog, Inc. (Attachments: #1 Affidavit of Terry Lawrence) (Olson, Kurt) |
| Filing 1482 NOTICE by The North Carolina Granite Corporation - Expert Disclosure. (Southerland, Jeffrey) |
| 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) |
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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.)
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| Filing 1479 STATUS REPORT Third Report of Special Master by David Oscar Ledbetter. (Ledbetter, David) |
| 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.) |
| Filing 1477 RESPONSE in Opposition regarding #1469 MOTION for Summary Judgment on Its Third Affirmative Defense filed by Duke Energy Progress, Inc. (Smith, Christopher) |
| 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) |
| Filing 1475 RESPONSE in Opposition regarding #1469 MOTION for Summary Judgment on Its Third Affirmative Defense filed by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 1474 STIPULATION OF DISCOVERY Amended by Southern Alloy Corporation. (Attachments: #1 Exhibit A - Affidavit of Buster Hughes) (Mitchell, Charlotte) |
| Filing 1473 NOTICE by Truland Corporation Of Party Fact Witnesses To Potentially Be Deposed. (Redmond, Robert) |
| Filing 1472 STIPULATION OF DISCOVERY by Southern Alloy Corporation. (Attachments: #1 Exhibit) (Mitchell, Charlotte) |
| Filing 1471 STIPULATION Amended Joint by Emma L. Bixby Medical Center. (Attachments: #1 Exhibit A; Affidavit of Matthew J. Hammond) (Bronstein, Joel) |
| Filing 1470 Memorandum in Support regarding #1469 MOTION for Summary Judgment on Its Third Affirmative Defense filed by Truland Corporation. (Redmond, Robert) |
| Filing 1469 MOTION for Summary Judgment on Its Third Affirmative Defense by Truland Corporation. (Attachments: #1 Proposed Order) (Redmond, Robert) |
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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.)
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| Filing 1467 STIPULATION Joint with PCS Phosphate Company, Inc. by Magnetic Metals Corporation. (Harvey, Elizabeth) |
| Filing 1466 STIPULATION Joint by Plaintiffs and Defendants Cargill Incorporated and EraChem Comilog, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1465 MOTION for Extension of Time to Complete Discovery of Each Other. (Baker, C.) |
| Filing 1464 STIPULATION OF DISCOVERY Joint Stipulation to Extend Time to File by Southern Alloy Corporation. (Mitchell, Charlotte) |
| Filing 1463 STIPULATION Joint by Frontier Communications Corporation. (Attachments: #1 Affidavit of Lynne A. Monaco) (Hahn, John) |
| Filing 1462 STIPULATION Joint by Saint Augustine's College. (Attachments: #1 Affidavit of Angela Haynes) (Francis, Charles) |
| Filing 1461 STIPULATION by Weyerhaeuser Company. (Attachments: #1 Affidavit of Charlie Douthwaite) (Hart, Scott) |
| Filing 1460 STIPULATION Joint by J. C. Blair Memorial Hospital. (Attachments: #1 Exhibit 1 -- Affidavit of Edward M. Quinn) (Risinger, Bradley) |
| Filing 1459 STIPULATION by Novartis Corporation. (Attachments: #1 Affidavit of Stephen Havlik) (McManus, Keith) |
| Filing 1458 STIPULATION Joint by Domtar Paper Company, L.L.C.. (Attachments: #1 Affidavit of Diane Hardison) (Brice, F.) |
| Filing 1457 STIPULATION Joint by Baltimore Gas & Electric Company. (Attachments: #1 Affidavit of Keith Wessleman) (Brice, F.) |
| Filing 1456 STIPULATION by Koch Industries Inc. (Attachments: #1 Affidavit of Craig Highfill) (Shields, Grady) |
| Filing 1455 STIPULATION Joint Stipulation by Green Circle Growers, Inc. (Attachments: #1 Affidavit of Anthony Lucarell)(Knapp, Amanda) |
| Filing 1454 STIPULATION - JOINT by The National Lime and Stone Company. (Attachments: #1 Exhibit 1 - Affidavit of R. Daniel Mapes) (Hartley, Joan) |
| Filing 1453 STIPULATION - JOINT by Robert Bosch LLC. (Attachments: #1 Exhibit 1 - Affidavit of Chad Tippey) (Hartley, Joan) |
| Filing 1452 STIPULATION - JOINT by The North Carolina Granite Corporation. (Attachments: #1 Exhibit 1 - Affidavit of Kenny Moles) (Southerland, Jeffrey) |
| Filing 1451 STIPULATION Amended Joint Stipulation by Truland Corporation. (Attachments: #1 Affidavit of Wayne Butler) (Redmond, Robert) |
| Filing 1450 STIPULATION (JOINT) by CHRISTUS Health Northern Louisiana. (Renbarger, Robert) |
| Filing 1449 STIPULATION Joint by Emma L. Bixby Medical Center. (Attachments: #1 Exhibit A - Affidavit of Matthew J. Hammond) (Bronstein, Joel) |
| Filing 1448 STIPULATION Joint Stipulation by Truland Corporation. (Attachments: #1 Affidavit of Wayne Butler) (Redmond, Robert) |
| 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) |
| Filing 1446 STIPULATION Joint Stipulation of Third-Party Plaintiff PCS Phosphate and Third-Party Defendants by Truland Corporation. (Redmond, Robert) |
| Filing 1445 STIPULATION by Riley Power Inc. (Attachments: #1 Exhibit A - Affidavit of Earl B. Mason) (Friesen, Bradley) |
| Filing 1444 STIPULATION by Huntington Ingalls Incorporated. (Attachments: #1 Exhibit A - Affidavit of Brian McVey) (Babcock, Sarah) |
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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.)
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| Filing 1442 STATUS REPORT - Second Report of Special Master by David Oscar Ledbetter. (Ledbetter, David) |
| Filing 1441 STIPULATION by Imerys Fused Minerals Greeneville, Inc. (Attachments: #1 Exhibit A - Affidavit of Sean Varner) (Babcock, Sarah) |
| Filing 1440 STIPULATION by Imerys Carbonates, L.L.C. (Attachments: #1 Exhibit A - Affidavit of Kevin Forstmann) (Babcock, Sarah) |
| 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) |
| Filing 1438 STIPULATION of Defendant Furman University by Furman University. (Attachments: #1 Exhibit A - Affidavit of Bernard F. Stanton) (Erteschik, Andrew) |
| 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) |
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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.)
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| 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) |
| Filing 1434 MOTION for Protective Order by Dixon Lumber Company, Incorporated. (Attachments: #1 Text of Proposed Order) (Fedder, Jane) |
| 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) |
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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.)
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| 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) |
| Filing 1430 NOTICE of Appearance for non-district counsel by Kelly K. Iverson on behalf of Consolidation Coal Company. (Iverson, Kelly) |
| 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) |
| 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.) |
| 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) |
| 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) |
| 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) |
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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.)
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| Filing 1423 MOTION to Amend Case Caption by Tennessee Electro-Minerals Inc. (Attachments: #1 Text of Proposed Order) (Babcock, Sarah) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1423 MOTION to Amend Case Caption. (Baker, C.) |
| 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.) |
| Filing 1421 NOTICE of Appearance for non-district counsel by David M. Bates on behalf of Integrated Electrical Services, Inc. (Bates, David) |
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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.)
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| Filing 1419 MOTION to Withdraw as Attorney by Virginia Electric And Power Company. (Warf, D.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1419 MOTION to Withdraw as Attorney. (Baker, C.) |
| Filing 1418 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Henkels & McCoy, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| Filing 1417 FINANCIAL DISCLOSURE STATEMENT by Pharmacia Corporation identifying Corporate Parent Pfizer for Pharmacia Corporation. (Fedder, Jane) |
| Filing 1416 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Fabri-Kal Corporation by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
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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.)
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| Filing 1414 NOTICE of Change of Address by Charlotte Anne Mitchell. (Mitchell, Charlotte) |
| Filing 1413 MOTION to Withdraw as Attorney Styers & Kemerait, PLLC by Southern Alloy Corporation, Thomasville Furniture Industries, Inc.. (Kemerait, Karen) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1413 MOTION to Withdraw as Attorney Styers & Kemerait, PLLC. (Baker, C.) |
| 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.) |
| Filing 1411 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Seabrook Enterprises, Inc. by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
| 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) |
| 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.) |
| Filing 1409 NOTICE by E. Luke Greene Company, Inc. of Desire to be Removed from ECF Notifications. (Ridings, Leslie) |
| Filing 1408 NOTICE of Appearance for non-district counsel by Jeffrey C. Corey on behalf of Alcan Primary Products Corporation. (Corey, Jeffrey) |
| 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.) |
| Filing 1407 MOTION to Withdraw from further ECF Notifications by Babson College. (Hornthal, L.) |
| 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) |
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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.)
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| Filing 1404 MOTION to Withdraw by Martin Marietta Materials, Inc. (Attachments: #1 Text of Proposed Order) (Byrne, Michael) |
| 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) |
| Filing 1402 STATUS REPORT First Report of Special Master by David O Ledbetter. (Ledbetter, David) |
| Filing 1401 NOTICE of Appearance for non-district counsel by Jonathan R. Waldron on behalf of Georgia-Pacific, LLC. (Waldron, Jonathan) |
| 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) |
| Filing 1399 STIPULATION of Dismissal With Prejudice of Third-Party Defendant E. Luke Greene Company, Inc. by PCS Phosphate Company, Inc. (Story, Jane) |
| Filing 1398 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Sho-Me Power Electric Cooperative by PCS Phosphate Company, Inc. (Story, Jane) |
| 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) |
| 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.) |
| Filing 1396 NOTICE of Appearance for non-district counsel Margaret H. Richards on behalf of Koch Industries Inc. (Richards, Margaret) |
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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.)
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| Filing 1394 MOTION to Amend #1375 ORDER by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel) |
| 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) |
| 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) |
| 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.) |
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TEXT ORDER - In aid to the scheduling activities of the Special Master, the clerk shall issue on his behalf his scheduling notices to the parties, through the electronic docket, if such assistance is requested. Entered by District Judge Louise Wood Flanagan on 01/23/2014. (Baker, C.)
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| Filing 1391 NOTICE by Truland Corporation Notice of Deposition of Benjamin J. Rappleyea (Redmond, Robert) |
| Filing 1390 NOTICE by Truland Corporation Notice of Deposition of Doris Ann Ostby (Redmond, Robert) |
| Filing 1389 NOTICE by Truland Corporation Notice of Deposition of Marvin C. Croson, Jr. (Redmond, Robert) |
| Filing 1388 NOTICE by Truland Corporation Notice of Deposition of Frank Aguirre (Redmond, Robert) |
| Filing 1387 STIPULATION of Dismissal With Prejudice of Third-Party Defendant Babson College by PCS Phosphate Company, Inc., PCS Phosphate, Inc. (Story, Jane) |
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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.)
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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.)
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| Filing 1384 MOTION to Withdraw as Attorney John D. Ormond by Caterpillar Inc. (Attachments: #1 Text of Proposed Order) (Ormond, John) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
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TEXT ORDER - This matter comes before the court in supplement to recent order appointing David O. Ledbetter to serve as special master to clarify the manner of service of electronically filed documents in these matters upon the special master. In light of his retired status, the special master is not presently registered as an active efiler in the Eastern District of North Carolina as envisioned and required in the court's Standing Order, 06-PLR-2. However, the court finds efficiencies will accrue if Mr. Ledbetter is authorized to receive Notices of Electronic Filing in the instant cases for which he has been appointed. Service in this manner will afford the opportunity to the special master to remain informed as to current filings in the case and relieve the parties and the clerk of the burden of serving him through U.S. mail. The clerk is directed to add Mr. Ledbetter to the electronic service list for these cases to receive Notices of Electronic Filing at his email address of ledbetterward@gmail.com. The court reminds here that the special master is expected to maintain the confidentiality of all sealed or otherwise restricted-access materials filed and is subject to all applicable local rules and orders of the court. Signed by District Judge Louise Wood Flanagan on 01/13/2014. (Baker, C.)
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| Filing 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) |
| Filing 1380 STIPULATION of Dismissal with Prejudice of Third-Party Defendant Woodstream Corporation by PCS Phosphate Company, Inc. (Shipley, Curtis) |
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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.)
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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.)
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| Filing 1377 MOTION to Withdraw as Attorney by Cogentrix Energy, L.L.C. (Attachments: #1 Text of Proposed Order) (Byrne, Michael) |
| Filing 1376 NOTICE by Consolidation Coal Company regarding #1371 Order - (Joint Report Regarding Special Master's Compensation). (Darragh, Daniel) |
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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.)
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| Filing 1374 AFFIDAVIT regarding #1371 Order Referring Case to Special Master by David O. Ledbetter. (Darragh, Daniel) |
| Filing 1373 STIPULATION of Dismissal with Prejudice of Third-Party Defendant Parker-Hannifin Corporation by PCS Phosphate Company, Inc. (Shipley, Curtis) |
| 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) |
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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.)
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| 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) |
| Filing 1369 NOTICE of Appearance by Raja S. Mishra on behalf of Truland Corporation. (Mishra, Raja) |
| 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) |
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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.)
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TEXT ORDER - This matter now comes before the court in furtherance of the issues raised informally, in letter dated November 19, 2013, where counsel for Duke Energy Progress, Inc. informed of its recent realization that deposition exhibits include certain documents marked "confidential" that were submitted to the court during the Georgia Power Company ("GPC") test case process in early 2012, but which were not filed under seal, with reference to 460 DE 878 and 463 DE 876. Specifically, counsel makes mention of exhibit nos. 283 and 285 to the deposition of Kenneth R. Brown, a transmission specialist with GPC. Counsel reminds that those exhibits, digitally submitted, were not filed on the docket and thus were not made available publicly, nor have they been referenced publicly in any filings by the parties or the court. In this letter, counsel notes one earlier sent to the court, dated February 1, 2012. The court has not been able to locate this correspondence, which counsel alerts made mention of two confidential exhibits (nos. 219 and 220). On behalf of plaintiffs, counsel requests notification by the court if it intends to make any use of these documents other than internally. Plaintiffs would then, counsel recites, submit an appropriate notice to GPC pursuant to section T1(a)(6) of the ECF Filing Manual regarding documents marked confidential so that GPC may, if it elects, file a motion to place the documents under seal. The court is concerned about the informality of the presentation here, which depends on retention of correspondence, where the February 1, 2012, letter was not, for example, retained in the court's file, and the reliance on cross-reference by the court of future order before entry with past correspondence from a party, in order to preserve agreed upon confidentiality terms. Counsel invites that if the court would like plaintiffs to proceed in another fashion, to signal this. Counsel shall send electronic copy to the court of the earlier letter by 12/5/13, so the court may make more specific reference to that in future order which will direct plaintiffs to proceed in different fashion. Signed by District Judge Louise Wood Flanagan on 12/03/2013. (Baker, C.)
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Filing 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.)
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| 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) |
| Filing 1363 NOTICE of Appearance by Joel F. Bronstein on behalf of Emma L. Bixby Medical Center (Bronstein, Joel) |
| 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.) |
| Filing 1361 STIPULATION of Dismissal with Prejudice of Defendant Apogee Coal Company, LLC by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 1366 Letter from Letter from Christopher G. Smith regarding Exhibits 283 and 285 offered in relation to #876 NOTICE of Filing. (Baker, C.) |
| Filing 1360 NOTICE of Appearance by Julie Ogden Yates on behalf of Caterpillar Inc. (Yates, Julie) |
| 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) |
| 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) |
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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.)
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| 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) |
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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.)
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| 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) |
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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.)
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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.)
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| Motion Submitted to District Judge Louise Wood Flanagan - #1355 MOTION to Withdraw as Attorney And Substitute Local Civil Rule 83.1 Counsel. (Baker, C.) |
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Filing 1352
ORDER denying #1339 Motion to Compel - Signed by District Judge Louise Wood Flanagan on 11/06/2013. (Baker, C.)
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| 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) |
| 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) |
| 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) |
| Filing 1348 MOTION to Withdraw by Seabrook Enterprises, Inc.. (Attachments: #1 Text of Proposed Order) (Byrne, Michael) |
| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1339 MOTION to Compel. (Baker, C.) |
| 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) |
| 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) |
| 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) |
| 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.) |
| Filing 1343 NOTICE by Truland Corporation Liaison Group (Redmond, Robert) |
| 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) |
| 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) |
| 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.) |
| 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.) |
| Filing 1339 MOTION to Compel by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Redmond, Robert) |
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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.)
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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.)
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| 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) |
| 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) |
| Filing 1335 NOTICE of Change of Address by Michael John Byrne (Byrne, Michael) |
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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.)
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| 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) |
| 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.). |
| 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) |
| 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.) |
| Filing 1331 RESPONSE regarding #1321 MOTION for Discovery Motion to Reopen Depositions filed by PCS Phosphate Company, Inc. (Shipley, Curtis) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
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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.)
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| 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) |
| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1325 MOTION to Withdraw as Attorney and MOTION to Substitute Attorney. (Baker, C.) |
| Filing 1323 NOTICE of Appearance by Clement D. Carter on behalf of Truland Corporation (Carter, Clement) |
| 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.) |
| Filing 1321 MOTION for Discovery Motion to Reopen Depositions by Truland Corporation. (Redmond, Robert) |
| 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.) |
| Filing 1320 NOTICE by Thomasville Furniture Industries, Inc. (Styers, Matthew) |
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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.)
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| 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) |
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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.)
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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.)
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| 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) |
| 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) |
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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.)
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| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1312 MOTION to Withdraw as Attorney. (Baker, C.) |
| Motions Submitted to District Judge Louise Wood Flanagan - #1315 MOTION to Withdraw as Attorney and #1314 MOTION to Withdraw as Attorney. (Baker, C.) |
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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.)
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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.)
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| 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.) |
| 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) |
| 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) |
| 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) |
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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.)
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| Filing 1304 MOTION to Withdraw as Attorney by Florida Power & Light Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1304 MOTION to Withdraw as Attorney. (Baker, C.) |
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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.)
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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.)
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| 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) |
| 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) |
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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.)
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| Filing 1298 MOTION to Withdraw as Attorney by Georgia-Pacific, LLC. (Attachments: #1 Text of Proposed Order) (Fedder, Jane) |
| 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.) |
| 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.) |
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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.)
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| 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) |
| Filing 1294 NOTICE of Change of Address by Jane E. Fedder (Fedder, Jane) |
| Filing 1293 RESPONSE to Discovery Request from Rule 26(a)(1) Initial Disclosures filed by Villanova University in the State of Pennsylvania. (Segletes, Theodore) |
| 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.) |
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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.)
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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.)
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| 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.) |
| 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) |
| 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.) |
| 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.) |
| 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.) |
| 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.) |
| Filing 1286 NOTICE - Items for Discussion for August 15, 2013 Conference. (Baker, C.) |
| 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.) |
| Filing 1284 NOTICE of Appearance by Conor Patrick Regan on behalf of Henkels & McCoy, Inc. (Regan, Conor) |
| Filing 1283 NOTICE of Appearance by Christopher R. Kiger on behalf of Duke Energy Progress, Inc. (Kiger, Christopher) |
| Filing 1282 NOTICE of Appearance by Seth Davis Beckley on behalf of Emma L. Bixby Medical Center (Beckley, Seth) |
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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.)
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| 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) |
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Filing 1279
ORDER denying #1237 Motion for Certificate of Appealability - Signed by District Judge Louise Wood Flanagan on 08/12/2013. (Baker, C.)
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| Filing 1278 NOTICE by Consolidation Coal Company regarding #1214 Order, Proposed Agenda for August 15, 2013 Status Conference (Darragh, Daniel) |
| Filing 1277 NOTICE by Saint Augustine's College of Interest Regarding a Third-Party Settlement Conference (Francis, Charles) |
| 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) |
| Motion Submitted to District Judge Louise Wood Flangan - #1260 MOTION to Compel. (Baker, C.) |
| 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.) |
| 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) |
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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.)
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| Motion Submitted to District Judge Louise Wood Flanagan - #1269 MOTION to Appoint Counsel - Certain Third-Party Defendants' Nomination of Liaison Counsel. (Baker, C.) |
| 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) |
| Filing 1272 NOTICE by Trinity Industries, Inc. Interest in Proposed Settlement Conference (Sencenbaugh, Adam) |
| Filing 1271 NOTICE by Barnes & Powell Elecrical Company, Inc. of interest in Proposed Settlement Conference (Schoolman, Brian) |
| 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) |
| 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) |
| 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) |
| Filing 1267 NOTICE by Riley Power Inc. of Interest in Participating in Settlement Conference (Friesen, Bradley) |
| 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.) |
| 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.) |
| 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.) |
| Filing 1263 NOTICE by Mass. Electric Construction Co. of Desire to Participate in Third-Party Settlement Conference (Larson, Linda) |
| 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.) |
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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.)
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| 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) |
| 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) |
| 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) |
| Filing 1259 NOTICE of Appearance by Richard V. Bennett on behalf of Alcan Primary Products Corporation (Bennett, Richard) |
| 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.) |
| Filing 1257 Notice of Substitution of Counsel by Johna G. Hedden on behalf of Caterpillar Inc. substituting for Julie S. Stine (Hedden, Johna) |
| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1237 Third Party MOTION for Certificate of Appealability - Motion for Certification of Interlocutory Appeal. (Baker, C.) |
| 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) |
| 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) |
| 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.) |
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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.)
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| Motion Submitted to District Judge Louise Wood Flanagan - #1251 MOTION to Withdraw as Attorney. (Baker, C.) |
| 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.) |
| Filing 1251 MOTION to Withdraw as Attorney by Barnes & Powell Elecrical Company, Inc. (Attachments: #1 Text of Proposed Order) (Smith, M.) |
| 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) |
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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.)
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| 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) |
| 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) |
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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.)
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| Filing 1246 NOTICE of Appearance by Brian J. Schoolman on behalf of Barnes & Powell Elecrical Company, Inc. (Schoolman, Brian) |
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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.)
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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.)
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| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1216 MOTION for Certificate of Appealability - Motion for Certification of Interlocutory Appeal. (Baker, C.) |
| 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) |
| Filing 1241 FINANCIAL DISCLOSURE STATEMENT by Alcan Primary Products Corporation. (Keller, Alysa) |
| 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) |
| 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) |
| 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.) |
| Filing 1237 Third Party MOTION for Certificate of Appealability Motion for Certification of Interlocutory Appeal by Truland Corporation. (Redmond, Robert) |
| 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.) |
| 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.) |
| Filing 1234 NOTICE by Truland Corporation Objection to PCS Phosphate's Categorization of Alleged Transactions (Dinsmore, Joan) |
| 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.) |
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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.)
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| Motion Submitted to District Judge Louise Wood Flanagan - #1231 MOTION to Withdraw as Attorney. (Baker, C.) |
| Filing 1232 NOTICE by Alcan Primary Products Corporation regarding #1231 MOTION to Withdraw as Attorney (proposed Order) (White, Alan) |
| Filing 1231 MOTION to Withdraw as Attorney by Alcan Primary Products Corporation. (Attachments: #1 Text of Proposed Order) (White, Alan) |
| Filing 1230 NOTICE by Duquesne Light Company Notice of Disclaimer of Affiliation with Liaison Counsel (Olson, Kurt) |
| 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.) |
| Filing 1228 NOTICE of Appearance by Hal J. Pos on behalf of Alcan Primary Products Corporation (Pos, Hal) |
| Filing 1227 NOTICE of Appearance by Alysa M. Keller on behalf of Alcan Primary Products Corporation (Keller, Alysa) |
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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.)
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| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1225 MOTION to Withdraw as Attorney. (Baker, C.) |
| 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.) |
| 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) |
| 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) |
| 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) |
| Filing 1220 NOTICE of Appearance for non-district counsel by Mark T. Pavkov on behalf of Warren Electric Cooperative, Inc. (Pavkov, Mark) |
| 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.) |
| Filing 1218 NOTICE by NL Industries, Inc. of Disclaimer of Defendants' Liaison Counsel (Herz, Joel) |
| 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) |
| 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) |
| 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) |
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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.)
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| Filing 1213 NOTICE of Appearance by Trischa S. Chapman on behalf of Guernsey-Muskingum Electric Cooperative, Inc. (Chapman, Trischa) |
| Filing 1212 STATUS REPORT (Joint) by Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Darragh, Daniel) |
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Filing 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.)
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| 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.) |
| 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.) |
| Filing 1208 NOTICE OF APPEAL as to #1200 Judgment by PCS Phosphate Company, Inc. Filing fee $ 455, receipt number 0417-2506226. (Ginsberg, Michael) |
| 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.) |
| 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) |
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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.)
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| 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.) |
| Filing 1203 NOTICE OF APPEAL as to #1200 Judgment by Consolidation Coal Company. Filing fee $ 455, receipt number 0417-2493743. (Darragh, Daniel) |
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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.)
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| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1201 MOTION Amend Case Caption due to Corporate Name Change. (Baker, C.) |
| 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.) |
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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.)
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| Filing 1198 NOTICE of Appearance for non-district by Adam Sencenbaugh on behalf of Trinity Industries, Inc. (Sencenbaugh, Adam) |
| Filing 1197 Memorandum in Support regarding #1166 MOTION for Reconsideration regarding #1163 Order filed by Carr & Duff, Inc. (Lewis, E.) |
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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.)
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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.)
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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.)
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| 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.) |
| 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) |
| Filing 1195 MOTION to Withdraw as Attorney by Domtar Paper Company, L.L.C.. (Attachments: #1 Text of Proposed Order) (Asbill, Mary) |
| 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.) |
| Filing 1194 ANSWER to Third Party Complaint by Riley Power Inc. (Friesen, Bradley) |
| Filing 1193 CERTIFICATE OF SERVICE by Truland Corporation regarding #1192 Answer to Third Party Complaint (Redmond, Robert) |
| Filing 1192 AFFIRMATIVE DEFENSES AND ANSWER to Third Party Complaint by Truland Corporation. (Redmond, Robert) |
| Filing 1191 NOTICE of Appearance by Joan S. Dinsmore on behalf of Truland Corporation (Dinsmore, Joan) |
| 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) |
| Filing 1189 STIPULATION of Dismissal with Prejudice of Defendant Norfolk Southern Railway Company by Consolidation Coal Company. (Darragh, Daniel) |
| 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) |
| 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) |
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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.)
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| 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) |
| 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) |
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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.)
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| Motion Submitted to District Judge Louise Wood Flanagan - #1182 MOTION to Withdraw as Attorney. (Baker, C.) |
| Filing 1182 MOTION to Withdraw as Attorney by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Sevilla, Garrick) |
| 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) |
| 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.) |
| 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.) |
| 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.) |
| Filing 1179 NOTICE of Appearance by Mark E. Anderson on behalf of Truland Corporation (Anderson, Mark) |
| Filing 1178 NOTICE of Change of Address by Robert F. Redmond, Jr. (Redmond, Robert) |
| 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.) |
| Filing 1176 NOTICE of Change of Address by Catherine W. Cralle-Jones (Cralle-Jones, Catherine) |
| 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) |
| 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.) |
| 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) |
| Filing 1172 RESPONSE to Motion regarding #1119 MOTION to Dismiss - Surreply filed by PCS Phosphate Company, Inc. (Shipley, Curtis) |
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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.)
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| 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) |
| 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) |
| Filing 1168 Proposed Order regarding #1166 MOTION for Reconsideration regarding #1163 Order filed by Broad River Electric Cooperative, Inc. (Fedder, Jane) |
| 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.) |
| 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) |
| Filing 1166 MOTION for Reconsideration regarding #1163 Order by Broad River Electric Cooperative, Inc. (Fedder, Jane) |
| Filing 1165 NOTICE of Change of Address by Patricia P. Shields (Shields, Patricia) |
| 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.) |
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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.)
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| Filing 1162 STIPULATION of Dismissal with Prejudice of Defendant Cooper Tire & Rubber Company by Consolidation Coal Company. (Darragh, Daniel) |
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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.)
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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.)
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| 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) |
| 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.) |
| 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) |
| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1156 MOTION to Withdraw as Attorney. (Baker, C.) |
| Filing 1156 MOTION to Withdraw as Attorney by Melinz-Rebar, Inc. (Attachments: #1 Text of Proposed Order) (Langdon, J.) |
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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.)
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| Motion Submitted to District Judge Louise Wood Flangan - #1154 MOTION to Withdraw as Attorney. (Baker, C.) |
| Filing 1154 MOTION to Withdraw as Attorney by Caterpillar Inc. (Attachments: #1 Text of Proposed Order) (Harkins, William) |
| Filing 1153 NOTICE of Change of Address by Lee Knight Caffery (Caffery, Lee) |
| Filing 1152 NOTICE of Change of Address by Dawn T. Mistretta (Mistretta, Dawn) |
| Filing 1151 NOTICE of Change of Address by Stanley B. Green (Green, Stanley) |
| Filing 1150 NOTICE of Appearance by John D. Ormond on behalf of Caterpillar Inc. (Ormond, John) |
| Filing 1149 STIPULATION of Dismissal with Prejudice of Defendant Hudson Light and Power Department by Consolidation Coal Company. (Darragh, Daniel) |
| 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) |
| 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.) |
| 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) |
| 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) |
| 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) |
| 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.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1121 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Baker, C.) |
| 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.) |
| Filing 1144 NOTICE of Appearance for non-district by Jeffrey R. Diver on behalf of The Rouse Company, LLC (Diver, Jeffrey) |
| 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) |
| 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) |
| 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) |
| Filing 1140 REPLY to Response to Motion regarding #1129 MOTION to Dismiss for Lack of Personal Jurisdiction filed by Truland Corporation. (Redmond, Robert) |
| 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) |
| Filing 1138 NOTICE of Appearance by Garrick Alcarez Sevilla on behalf of Truland Corporation (Sevilla, Garrick) |
| 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) |
| Filing 1136 NOTICE by Apogee Coal Company, L.L.C. Notice of Automatic Stay (Risinger, Bradley) |
| Filing 1135 RESPONSE in Opposition regarding #1119 MOTION to Dismiss filed by PCS Phosphate Company, Inc. (Meynardie, Robert) |
| 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.) |
| 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) |
| 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) |
| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1094 MOTION for Leave to File Amicus Curiae Reply Brief. (Baker, C.) |
| 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) |
| Filing 1129 MOTION to Dismiss for Lack of Personal Jurisdiction by Truland Corporation. (Redmond, Robert) |
| 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) |
| Filing 1127 Supplemental MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Truland Corporation. (Redmond, Robert) |
| Filing 1126 Memorandum in Support re #1125 MOTION to Dismiss Third-Party Complaints of PCS Phosphates, Inc. filed by Trinity Industries, Inc. (Albergotti, Robert) |
| Filing 1125 MOTION to Dismiss Third-Party Complaints of PCS Phosphates, Inc. by Trinity Industries, Inc. (Attachments: #1 Text of Proposed Order) (Albergotti, Robert) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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.) |
| 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) |
| Filing 1117 Individual ANSWER to Third Party Complaint by Novartis Corporation. (Bowers, John) |
| Filing 1116 Individual ANSWER to Third Party Complaint and Additional Defenses by Barnes & Powell Elecrical Company, Inc. (Smith, M.) |
| Filing 1115 Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by Woodstream Corporation. (Risinger, Bradley) |
| Filing 1114 Individual ANSWER to Third Party Complaint and Affirmative Defenses by SHO-ME Power Electric Cooperative. (Anderson, Peter) |
| Filing 1113 Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by J. C. Blair Memorial Hospital. (Risinger, Bradley) |
| Filing 1112 Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by CEMEX Construction Materials FL, LLC. (Risinger, Bradley) |
| Filing 1111 Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by DACCO Incorporated. (Risinger, Bradley) |
| Filing 1110 Amended ANSWER to Third Party Complaint and Affirmative Defenses to Third-Party Complaint by National Railroad Passenger Corporation. (Risinger, Bradley) |
| Filing 1109 Magnetic Metals' individual ANSWER to Third Party Complaint by Magnetic Metals Corporation. (Harvey, Elizabeth) |
| Filing 1108 Amended ANSWER to Third Party Complaint by UPS Ground Freight, Inc.. (Babcock, Sarah) |
| Filing 1107 ANSWER to Third Party Complaint by Saint Augustine's College. (Francis, Charles) |
| Filing 1106 Original ANSWER to Third Party Complaint and Non-CERCLA Affirmative Defenses by Trinity Industries, Inc.. (Albergotti, Robert) |
| Filing 1105 Individual ANSWER to Third Party Complaint by Robert Bosch LLC. (Hartley, Joan) |
| Filing 1104 Individual ANSWER to Third Party Complaint by The National Lime and Stone Company. (Hartley, Joan) |
| Filing 1103 Individual ANSWER to Third Party Complaint by IES Commercial, Inc., and/or Integrated Electrical Services, Inc.. (Hartley, Joan) |
| 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) |
| Filing 1101 Affirmative Defenses and ANSWER to Third Party Complaint (Second Additional) Filed by PCS Phosphate Company by Georgia-Pacific, LLC. (Fedder, Jane) |
| 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) |
| Filing 1099 Individual ANSWER to Third Party Complaint and Additional Defenses by Tallahassee Memorial Healthcare, Inc. (Spurgeon, Susan) |
| 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) |
| 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) |
| 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.) |
| 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) |
| 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) |
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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.)
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| 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.) |
| 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.) |
| 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.) |
| 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) |
| 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.) |
| Filing 1089 Proposed Order - Revised Proposed Order Regarding #1086 Notice of Substitution of Counsel filed by SHO-ME Power Electric Cooperative. (Anderson, Peter) |
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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.)
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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.)
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| 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) |
| 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) |
| 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) |
| Filing 1083 MOTION to Withdraw as Attorney by SHO-ME Power Electric Cooperative. (Attachments: #1 Text of Proposed Order) (Terpening, William) |
| 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) |
| 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) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1083 MOTION to Withdraw as Attorney. (Baker, C.) |
| 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) |
| 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) |
| 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) |
| 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.) |
| 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) |
| 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) |
| 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) |
| 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.) |
| 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.) |
| 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) |
| 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.) |
| 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.) |
| 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.) |
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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.)
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| 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) |
| 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) |
| 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.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1065 MOTION for Leave to File Amicus Curiae Brief. (Baker, C.) |
| 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) |
| 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) |
| Filing 1064 NOTICE of Appearance by Alan D. Albert on behalf of Babson College (Albert, Alan) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
| 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) |
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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.)
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| Filing 1056 NOTICE of Appearance by L. Phillip Hornthal, III on behalf of Babson College (Hornthal, L.) |
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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.)
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| Filing 1054 FINANCIAL DISCLOSURE STATEMENT by Huntington Ingalls Incorporated identifying Corporate Parent Huntington Ingalls Industries, Inc. for Huntington Ingalls Incorporated. (Babcock, Sarah) |
| 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.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1048 MOTION to Withdraw as Attorney. (Baker, C.) |
| 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) |
| Filing 1051 MOTION to Strike Certain Materials and Statements Submitted by Plaintiffs by Broad River Electric Cooperative, Inc. (Fedder, Jane) |
| 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) |
| 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) |
| Filing 1048 MOTION to Withdraw as Attorney by Alcoa Inc. (Attachments: #1 Text of Proposed Order) (Fairbanks, R.) |
| 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) |
| 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) |
| 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) |
| 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) |
| Filing 1043 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1032 Memorandum in Opposition,, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 10 - Pages BR S APP 1109 - 1112 (Darragh, Daniel) |
| Filing 1042 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1032 Memorandum in Opposition,, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 9 - Pages BR S APP 1104 - 1108 (Darragh, Daniel) |
| Filing 1041 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1032 Memorandum in Opposition,, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 8 - Pages BR S APP 1060 - 1103 (Darragh, Daniel) |
| Filing 1040 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1032 Memorandum in Opposition,, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 7 - Pages BR S APP 575 - 1059 (Darragh, Daniel) |
| Filing 1039 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1032 Memorandum in Opposition,, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 6 - Pages BR S APP 440 - 574 (Darragh, Daniel) |
| Filing 1038 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1032 Memorandum in Opposition,, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 5 - Pages BR S APP 387 - 439 (Darragh, Daniel) |
| Filing 1037 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1032 Memorandum in Opposition,, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 4 - Pages BR S APP 251 - 386 (Darragh, Daniel) |
| Filing 1036 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1032 Memorandum in Opposition,, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 3 - Pages BR S APP 168 - 250 (Darragh, Daniel) |
| Filing 1035 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1032 Memorandum in Opposition,, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 2 - Pages BR S APP 001 - 167 (Darragh, Daniel) |
| Filing 1034 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1032 Memorandum in Opposition,, Supplemental Appendix to Plaintiffs' Joint Response to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts - Part 1 - Table of Contents (Darragh, Daniel) |
| Filing 1033 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1032 Memorandum in Opposition,, Plaintiffs' Joint Reponse to Broad River Electric Cooperative, Inc.'s Statement of Undisputed Material Facts (Darragh, Daniel) |
| Filing 1032 Memorandum in Opposition re #991 MOTION for Summary Judgment filed by Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Index to Exhibits, #2 Exhibit A - United States v. Gen. Elect. Co., #3 Exhibit B - United States v. B&D Electric, #4 Exhibit C - Am. Int'l Specialty Lines Ins. Co. v. United States, #5 Exhibit D - Solutia Inc. v. McWane, Inc., #6 Exhibit E - Litgo N.J., Inc. v. Bob Martin, #7 Exhibit F - U.S. v. Washington State Department of Transportation) (Darragh, Daniel) |
| Filing 1031 Memorandum in Support re #1030 MOTION to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony re #994 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Index to Exhibits, #2 Exhibit A - 10/27/11 E-Mail correspondence from Brandy Baird re: expert disclosures, #3 Exhibit B - 9/30/11 Certain Husch Blackwell Defendants' Disclosure of Non-Retained Expert Richard Westover, #4 Exhibit C - 10/3/11 Obj. by Plaintiffs' to Certain Husch Blackwell Defendants' Disclosure of Non-Retained Expert Richard Westover, #5 Exhibit D - 10/31/11 Defendant Broad River's Amended Disclosure of Non-Retained Expert Richard Westover, #6 Exhibit E - 11/4/11 Obj. by Plaintiffs to Broad River's Amended Disclosure of Non-Retained Expert Richard Westover, #7 Exhibit F - 11/29/11 All Defendants' Joint Expert Disclosure of Richard Westover, #8 Exhibit G - 12/16/11 - Plaintiffs' Notice of Deposition and Subpoena to Richard Westover, #9 Exhibit H - 12/29/11 Mr. Westover's response to the Plaintiffs' subpoena identifying all responsive documents, #10 Exhibit I - 1/17/12 Defendant Broad River's Response and Obj. to CP&L's First Request for Production of Documents, #11 Exhibit J - 1/23/12 Mr. Westover's counsel's clarification that no responsive documents were being withheld, #12 Exhibit K - Excerpts from the deposition testimony of Mr. Westover, #13 Exhibit L - USGen New England, Inc. v. TransCanada Pipelines, Ltd., 2007 Bankr. LEXIS 2820 (Bankr. D. Md. Aug. 16, 2007), #14 Exhibit M - Funai Electric Company v. Daewood Elecs. Corp., 2007 U.S. Dist. LEXIS 29782 (N.D. Cal. Apr. 11, 2007), #15 Exhibit N - Desrosiers v. Giddings & Lewis Mach. Tools LLC, 2009 U.S. Dist. LEXIS 110441 (D. Md. Nov. 25, 2009), #16 Exhibit O - Excerpts from the deposition testimony of Keith Reed, #17 Exhibit P - Deposition Exhibit 534) (Darragh, Daniel) |
| Filing 1030 MOTION to Exclude the Affidavit of Mr. Richard Westover and Related Deposition Testimony re #994 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support 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) |
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Filing 1029
ORDER denying #584 Motion for Partial Summary Judgment on De Micromis Grounds and denying #858 Motion for Hearing re #589 Motion for Partial Summary Judgment on De Micromis Grounds. Signed by District Judge Louise Wood Flanagan on 3/30/12. (Tripp, S.)
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| Filing 1028 NOTICE of Appearance for non-district counsel Franklin W. Boenning by E. Hardy Lewis on behalf of Alcoa Inc. (Lewis, E.) |
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Filing 1027
ORDER granting #1007 Motion to Amend Case Caption - THIS MATTER is before the Court upon the motion of Defendant Northrop Grumman Shipbuilding, Inc. to amend the case caption and any relevant court records to reflect the change in Defendant's corporate name to Huntington Ingalls Incorporated. It appearing to the Court that Defendant's motion is warranted, the motion to amend case caption is GRANTED. The Court DIRECTS the Clerk of Court to amend the case caption and any relevant court records to change Defendant's name to Huntington Ingalls Incorporated. Signed by District Judge Louise Wood Flanagan on 03/29/2012. (Baker, C.)
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| Motion Submitted to District Judge Louise Wood Flanagan - #1007 MOTION to Amend Case Caption. (Baker, C.) |
| Filing 1026 RESPONSE to Discovery Request from Supplemental Rule 26(a)(1) Disclosures by NL Industries, Inc. (Attachments: #1 Exhibit A - Declaration of J. Marne Gleason) (Herz, Joel) |
| Filing 1025 Proposed Order re #1021 MOTION to Strike #871 Affidavit, #872 Affidavit of Brewer and Canady filed by Georgia Power Company. (Reinhardt, Daniel) |
| NOTICE OF DEFICIENCY re: #1021 Motion to Strike - Pursuant to the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.) |
| Filing 1024 RESPONSE in Opposition re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company, #938 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company filed by Georgia Power Company. (Attachments: #1 Exhibit Unpublished Case: Schiavone v. Northeast Utilities Services Co., #2 Exhibit Unpublished Case: Pakootas v. Teck Cominco Metals (2011), #3 Exhibit Unpublished Case: Pakootas v. Teck Cominco Metals (2012), #4 Exhibit Unpublished Case: United States v. B&D Electric, #5 Exhibit Unpublished Case: United States v. Wash. State Dept of Transp.) (Reinhardt, Daniel) |
| Filing 1023 RESPONSE re #918 Notice-(other) - Plaintiffs' Joint Statement of Material Facts Not In Dispute With Regard to Sale Test Case Defendant Georgia Power Company filed by Georgia Power Company. (Attachments: #1 Exhibit 2/5/2009 Email from Richard Brewer, #2 Exhibit Excerpt from Deposition of Joe Richard Brewer, #3 Exhibit Dielectric Fluid Test Results, #4 Exhibit General Work Orders) (Reinhardt, Daniel) |
| Filing 1022 Memorandum in Support re #1021 MOTION to Strike #871 Affidavit, #872 Affidavit of Brewer and Canady filed by Georgia Power Company. (Attachments: #1 Exhibit Unpublished Case: Grey v. Potter, #2 Exhibit Unpublished Case: Williams v. Computer Sciences Corp, #3 Exhibit Unpublished Case: Genesis Telecomm., LLC v. Moore) (Reinhardt, Daniel) |
| Filing 1021 MOTION to Strike #871 Affidavit, #872 Affidavit of Brewer and Canady by Georgia Power Company. (Reinhardt, Daniel) |
| Filing 1020 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1014 Memorandum in Opposition - Supplemental Appendix to Plaintiffs' Joint Response to Georgia Power Company's Statement of Undisputed Facts - Part 4 - Pages S APP 189 - 209 (Darragh, Daniel) |
| Filing 1019 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1014 Memorandum in Opposition - Supplemental Appendix to Plaintiffs' Joint Response to Georgia Power Company's Statement of Undisputed Facts - Part 3 - Pages S APP 158 - 188 (Darragh, Daniel) |
| Filing 1018 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1014 Memorandum in Opposition - Supplemental Appendix to Plaintiffs' Joint Response to Georgia Power Company's Statement of Undisputed Facts - Part 2 - Page S APP 1 - 157 (Darragh, Daniel) |
| Filing 1017 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1014 Memorandum in Opposition - Supplemental Appendix to Plaintiffs' Joint Response to Georgia Power Company's Statement of Undisputed Facts - Part 1 - Table of Contents (Darragh, Daniel) |
| Filing 1016 RESPONSE re #880 MOTION for Summary Judgment and Request for Hearing Response Memorandum in Opposition to Georgia Power Company's Motion for Summary Judgment by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Attachments: #1 Exhibit A - United States v. General Electric, 2012 U.S. App. LEXIS 4148, #2 Exhibit United States v. Atlas Lederer, 2009 U.S. Dist. LEXIS 126350) (Smith, Christopher) |
| Filing 1015 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #1014 Memorandum in Opposition - Plaintiffs' Joint Response to Georgia Power Company's Statement of Undisputed Material Facts (Attachments: #1 Index to Exhibits, #2 Exhibit A - Ward's Description of Sales of GPC Transformers as Rebuilt, #3 Exhibit B - Ward's Descriptions of Sales of GPC Transformers as Reconditioned, #4 Exhibit C - Ward's Descriptions of Sales of GPC Transformers as Sold for Parts, #5 Exhibit D - Ward's Descriptions of Sales of GPC Transformers - Ohter Dispositions, #6 Exhibit E - Voltage Changes for GPC Transformers) (Darragh, Daniel) |
| Filing 1014 Memorandum in Opposition re #880 MOTION for Summary Judgment and Request for Hearing filed by Consolidation Coal Company, PCS Phosphate Company, Inc. (Attachments: #1 Index to Exhibits, #2 Exhibit A - United States v. Atlas Lederer Co., #3 Exhibit B - United States v. General Electric Co., #4 Exhibit C - United States v. B&D Electric, Inc., #5 Exhibit D - United States v. Maryland Sand, Gravel & Stone Co., #6 Exhibit E - Schiavone v. Northeast Utilities Service Co.) (Darragh, Daniel) |
| *THIRD* NOTICE OF DEFICIENCY as to Third-Party Defendant Babson College - Counsel is reminded, pursuant to the Notices of Deficiency issued on 02/08/2012 and 02/27/2012 and pursuant to Local Civil Rule 5.2, all counsel must file a Notice of Appearance. (Baker, C.) |
| Filing 1013 ANSWER to Third Party Complaint by The North Carolina Granite Corporation. (Jacobson, Denis) |
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Filing 1012
ORDER - This matter is before the court sua sponte for the purpose of addressing the impending deadlines for Third-Party Defendants to respond to the Third-Party Complaints and for PCS to respond to the pending motions to dismiss. It is hereby ORDERED that the aforementioned deadlines are now held in abeyance pending the court's ruling on the motion for clarification and that no Third-Party Defendant shall file a response to the Third-Party Complaints pending further order of the court. Signed by Magistrate Judge David W. Daniel on 03/12/2012. (Baker, C.)
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| Filing 1011 Notice of Substitution of Counsel by John S. Hahn on behalf of Frontier Communications Corporation substituting for Robert B. Cordle. (Hahn, John) |
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Filing 1010
ORDER granting #1008 Motion to Withdraw as Attorney - Attorney Alissa A. Watts terminated as counsel for Third-Party Defendant Truland Corporation. Signed by District Judge Louise Wood Flanagan on 03/02/2012. (Baker, C.)
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| Filing 1009 NOTICE of Appearance by John P. Arranz on behalf of Magnetic Metals Corporation (Arranz, John) |
| Filing 1008 MOTION to Withdraw as Attorney by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Watts, Alissa) |
| Motion Submitted to District Judge Louise Wood Flanagan - #1008 MOTION to Withdraw as Attorney. (Baker, C.) |
| Filing 1007 MOTION to Amend/Correct Case Caption by Northrop Grumman Shipbuilding, Inc. (Attachments: #1 Text of Proposed Order) (Babcock, Sarah) |
| SECOND NOTICE TO COUNSEL (Elizabeth S. Harvey) re: #966 Notice of Appearance for Non-District Counsel - Counsel is again reminded that this document must also be filed in Case Number 5:08-cv-460-FL if counsel is appearing in both matters on behalf of defendant Magnetic Metals Corporation. (Baker, C.) |
| NOTICE TO COUNSEL re: #1006 Notice of Appearance for Non-District Counsel - Counsel is reminded that this document must also be filed in Case Number 5:08-cv-460-FL if counsel is appearing in both matters on behalf of third-party defendant Magnetic Metals Corporation. (Baker, C.) |
| Filing 1006 NOTICE of Appearance for non-district counsel by Michael J. Maher on behalf of Magnetic Metals Corporation (Maher, Michael) |
| *SECOND* NOTICE OF DEFICIENCY as to Third-Party Defendant Babson College - Counsel is reminded, pursuant to the Notice of Deficiency originally issued on 02/08/2012 and pursuant to Local Civil Rule 5.2, all counsel must file a Notice of Appearance. (Baker, C.) |
| Filing 1005 NOTICE of Appearance by Robert F. Redmond on behalf of Truland Corporation (Redmond, Robert) |
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Filing 1004
ORDER granting #967 Motion for Extension of Time to File Response re Third-Party Defendants' Motions to Dismiss - PCS shall have through and including March 19, 2012, to respond to the motion to dismiss filed by Riley Power, Inc., and shall have through and including March 21, 2012, to respond to the motions to dismiss filed by the City of Winston-Salem, FABRI-KAL Corporation, GenCorp, Inc. and Villanova University. In the event the issues addressed herein remain unresolved as of the new deadlines or to the extent new motions to dismiss are filed and require a response prior to resolution of these issues, PCS may seek further extensions.Signed by Magistrate Judge David W. Daniel on 02/23/2012. (Baker, C.)
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| Filing 1003 REPLY to Response to Motion re #967 MOTION for Extension of Time to File Response/Reply as to Third-Party Defendants' Motions to Dismiss filed by PCS Phosphate Company, Inc. (Shipley, Curtis) Modified on 2/22/2012 to clarify docket entry text. (Baker, C.) |
| Filing 1002 NOTICE by Broad River Electric Cooperative, Inc. re #994 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 65-69 (Attachments: #1 Exhibit 65 - Part 1 AOC, #2 Exhibit 65 - Part 2 AOC, #3 Exhibit 66 - Plaintiff's Opposition to FPL Motion, #4 Exhibit 67 - Collison Depo Excerpts, #5 Exhibit 68 - Weir Depo Excerpts, #6 Exhibit 69 - Broad River doc) (Dewberry, Uyless) |
| Filing 1001 NOTICE by Broad River Electric Cooperative, Inc. re #994 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 50-64 (Attachments: #1 Exhibit 50 - EPA Response #8, #2 Exhibit 51 - EPA FOIA, #3 Exhibit 52 - Deposition Exhibit 515, #4 Exhibit 53 - Deposition Exhibit 501, #5 Exhibit 54 - Deposition Exhibit 502, #6 Exhibit 55 - Consol's Resposes to RTA, #7 Exhibit 56 - Deposition Exhibit 572 - Brantley Affidavit, #8 Exhibit 57 - Deposition Exhibit 526 Ward Affidavit, #9Exhibit 58 - Rappleyea Deposition Excerpts, #10 Exhibit 59 - Deposition Exhibit 630, #11 Exhibit 60 - Deposition Exhibit 631, #12 Exhibit 61 - Deposition Exhibit 632, #13 Exhibit 62 - EPA TSCA Docs, #14 Exhibit 63 - Part 1 EPA TSCA docs, #15 Exhibit 63 - Part 2 EPA TSCA docs, #16 Exhibit 64 - EPA TSCA Docs) (Dewberry, Uyless) |
| MOTION REFERRED to Magistrate Judge David W. Daniel - #878 MOTION for Clarification re #327 Scheduling Order. (Baker, C.) |
| Filing 1000 NOTICE by Broad River Electric Cooperative, Inc. re #994 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 38-49 (Attachments: #1 Exhibit 38 - Part 1 Deposition Exhibit 9, #2 Exhibit 38 - Part 2 Deposition Exhibit9, #3 Exhibit 39 - PCS' Responses to RTA 8, #4 Exhibit 40: Deposition Exhibit 553D, #5 Exhibit 41: Brewer 2008 Deposition Excerpts, #6 Exhibit 42 - Deposition Exhibit 282, #7 Exhibit 43 - Deposition Exhibit 720, #8 Exhibit 44 - Part 1 Deposition Exhibit 718, #9 Exhibit 44 - Part 2 Deposition Exhibit 718, #10 Exhibit 44 - part 3 Deposition Exhibit 718, #11 Exhibit 45 - Deposition Exhibit 541 Brewer 1993 Affidavit, #12 Exhibit 46 - CPL Responses to RTA, #13 Exhibit 47 - Part 1 Deposition Exhibit 513, #14 Exhibit 47 - Part 2 Deposition Exhibit 513, #15 Exhibit 48 - Part 1 EPA FOIA docs, #16 Exhibit 48 - Part 2 EPA FOIA docs, #17 Exhibit 48 Part 3 EPA FOIA docs, #18 Exhibit 49 - Part 1: EPA 1979 Investigation, #19 Exhibit 49 - Part 2: EPA 1979 Investigation, #20 Exhibit 49 - Part 3 EPA 1979 Investigation) (Dewberry, Uyless) |
| Filing 999 NOTICE by Broad River Electric Cooperative, Inc. re #994 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 28-37 (Attachments: #1 Exhibit 28 - Ward Jr. Deposition Excerpts, #2 Exhibit 29 - Brewer 2004 Deposition Excerpts, #3 Exhibit 30 - Brewer 2010 Deposition Excerpts, #4 Exhibit 31 - Ward III Deposition Excerpts, #5 Exhibit 32 - Aguire Deposition Excerpts, #6 Exhibit 33 Part 1: Deposition Exhibit 534 Surplus record Pages, #7 Exhibit 33 - Part 2 Deposition Exhibit 534 Surplus Record Pages, #8 Exhibit 33 - Part 3 Deposition Exhibit 534 Surplus Record Pages, #9 Exhibit 34 - EASA Web Site Pages, #10 Exhibit 35 - Deposition Exhibit 538, #11 Exhibit 36 - Part 1 Deposition Exhibit 524, #12 Exhibit 36 - Part 2 Deposition Exhibit 524, #13 Exhibit 36 - Part 3 Deposition Exhibit 524, #14 Exhibit 36 - Part 4 Deposition Exhibit 524, #15 Exhibit 37 - Deposition Exhibit 536) (Dewberry, Uyless) |
| Filing 998 NOTICE by Broad River Electric Cooperative, Inc. re #994 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 14-27 (Attachments: #1 Exhibit 14 - Deposition Exhibit 535 Ward 2004 Letter, #2 Exhibit 15 - EASA Web Site pgs, #3 Exhibit 16 - EASA Web Site Pages, #4 Exhibit 17 - EASA Web Site, #5 Exhibit 18 - EASA Web Site pages, #6 Exhibit 19 - Broad River Web Site pages, #7 Exhibit 20 - Wilson deposition excerpts, #8 Exhibit 21 - Deposition Exhibit 267, #9 Exhibit 22 - Deposition Exhibit 278, #10 Exhibit 23 - Deposition Exhibit 273, #11 Exhibit 24 - Part 1 Deposition Exhibit 276, #12 Exhibit 24 - Part 2 Deposition Exhibit 276, #13 Exhibit 25 - Deposition Exhibit 274, #14 Exhibit 26 - Deposition Exhibit 275, #15 Exhibit 27 - Deposition Exhibit281) (Dewberry, Uyless) |
| Filing 997 NOTICE by Broad River Electric Cooperative, Inc. re #994 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 8-13 (Attachments: #1 Exhibit 8 Part 1: 42 Fed Reg 26564, #2 Exhibit 8 Part 2: 42 Fed 26564, #3 Exhibit 8a Part 2: 54 Fed, Reg, #4 Exhibit 8a Part 3: 54 Fed Reg. 52716, #5 Exhibit 8a Part 4: 54 Fed Reg. 52716, #6 Exhibit 9 Part 1: 47 Fed. Reg. 37342, #7 Exhibit 9 Part 2: 47 Fed Reg. 37342, #8 Exhibit 10: Reed Deposition Excerpts, #9 Exhibit 11 Westover Deposition Excerpts, #10 Exhibit 12 Croson Deposition Excerpts, #11 Exhibit 13 Blank) (Dewberry, Uyless) |
| Filing 996 NOTICE by Broad River Electric Cooperative, Inc. re #994 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhibits 4 -7 (Attachments: #1 Exhbit 4 Part 1 EPA 1994 PCB Q&A Manual, #2 Exhibit 4.1A EPA 1994 PCB Q&A Manual, #3 Exhibit 4 Part 2 EPA 1994 PCB Q&A Manual, #4 Exhibit 4 Part 3 EPA 1994 PCB Q&A Manual, #5 Exhibit 4 Part 4 EPA 1994 PCB Q&A Manual, #6 Exhibit 4 Part 5 EPA 1994 PCB Q&A Manual, #7 Exhibit 4 Part 6 EPA 1994 PCB Q&A Manual, #8 Exhibit 4 Part 7 EPA 1994 PCB Q&A Manual, #9 Exhibit 4 Part 8 EPA 1994 PCB Q&A Manual, #10 Exhibit 4 Part 9 EPA 1994 PCB Q&A Manual, #11 Exhibit 5 Part 1: 75 Fed Reg 17645, #12 Exhibit 5 Part 2: 75 Fed Reg 17645, #13 Exhibit 6 Part 1: EPA PCB Spill Cleanup, #14 Exhibit 6 Part 2: EPA PCB Spill Cleanup, #15 Exhibit 6 Part 3: EPA PCB Spill Cleanup, #16 Exhibit 7 42 USC 9601(14)) (Dewberry, Uyless) |
| Filing 995 NOTICE by Broad River Electric Cooperative, Inc. re #994 MOTION for Summary Judgment Statement of Undisputed Material Facts in Support of Exhbits 1 -3 (Attachments: #1 Exhibit Part 1 - Westover Exhibit, #2 Exhibit Part 2 - Westover Exhibit, #3 Exhibit Part 3 - Westover Exhibit, #4 Exhibit Part 4 - Westover Exhibit, #5 Exhibit Part 5 - Westover Exhibit, #6 Exhibit Part 6 - Westover Exhibit, #7 Exhibit Part 7 - Westover Exhibit, #8 Exhibit Part 8 - Westover Exhibit, #9 Exhibit Part 9 - Westover Exhibit, #10 Exhibit Part 10 - Westover Exhibit, #11 Exhibit Part 11 - Westover Exhibit, #12 Exhibit Part 12 - Westover Exhibit, #13 Exhibit Part 13 - Westover Exhibit, #14 Exhibit Part 14 - Westover Exhibit, #15 Exhibit Part 15 - Westover Exhibit, #16 =Exhibit 1 Part 16 - Westover Affidavit, #17 Exhibit 2 Part 1 - TSCA PCB Final Report, #18 Exhibit 2 Part 2 - TSCA PCB Final Report, #19 Exhibit 2 Part 3 - TSCA PCB Final Report, #20 Exhibit 2 Part 4 - TSCA PCB FInal Report, #21 Exhibit 2 Part 5 - TSCA PCB Final Report, #22 Exhbit 3 - Walsh Deposition Excerpts) (Dewberry, Uyless) |
| Filing 994 Statement of Undisputed Material Facts in Support of #991 MOTION for Summary Judgment by Broad River Electric Cooperative, Inc. (Attachments: #1 Index of Exhibits to Statement of Undisputed Material Facts in Support of Broad River's Motion for Summary Judgment #991 ) (Fedder, Jane) Modified on 2/18/2012 to terminate pending motion event and clarify docket entry text. (Baker, C.) |
| Filing 993 REPLY to Response to Motion re #878 MOTION for Clarification re #327 Scheduling Order, filed by Tallahassee Memorial Healthcare, Inc. (Spurgeon, Susan) |
| Filing 992 Memorandum in Support re #991 MOTION for Summary Judgment filed by Broad River Electric Cooperative, Inc. (Attachments: #1 Index of Exhibits to Memorandum in Support of Broad River's Motion for Summary Judgment, #2 Exhibit 1: Walewska Watkins Tulane Law Journal Article, #3 Exhibit 2: John Barkett's Chemical Waste Article, #4 Exhibit 3: Unpublished Authority - DVL, Inc. v. Gen. Elec. Co, #5 Exhibit 4: Unpublished Authority - United States v. Wash. State Dept. of Transp., #6 Exhibit 5: Unpublished Authority - Montville Tp. v. Woodmont Builders,LLC., #7 Exhibit 6: Unpublished Authority - Schiavone v. Ne. Utilities Serv. Co., #8 Exhibit 7: Unpublished Authority- United States v. B&D Electric, #9 Exhibit 8: Unpublished Authority- Pakootas v. Teck Cominco Metals, Ltd., #10 Exhibit 9: Unpublished Authority- U.S. Objections & Memor. in Oppos. to G.E. Mot. for Summ. J., #11 Exhibit 10: Unpublished Authority - U.S. Answer Brief, Miami-Dade County v. United States) (Fedder, Jane) |
| Filing 991 MOTION for Summary Judgment by Broad River Electric Cooperative, Inc. (Attachments: #1 Text of Proposed Order) (Fedder, Jane) |
| Filing 990 Memorandum in Support 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 Exhibit A-Plaintiffs' Answers and Objections to Broad River Electric Cooperative, Inc.'s First Set of Interrogatories) (Smith, Christopher) |
| Filing 989 Memorandum 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 Exhibit A - Young v. N.C. Agric. & Technical State Univ., No. 11-1244, 2012 WL 11240, at *1 (4th Cir. Jan. 4, 2012) (per curiam), #2 Exhibit B - Am. Petroleum Inst. v. Cooper, No. 5:08-CV-396-FL, 2011 WL 6297885, at *4 (E.D.N.C. Dec. 16, 2011)) (Darragh, Daniel) |
| Filing 988 MOTION for Partial Summary Judgment as to Liability Against Repair Test Case Defendant Broad River Electric Cooperative, Inc. by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Smith, Christopher) |
| Filing 987 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Part 11 - Pages BR App 1259 - 1310 (Darragh, Daniel) |
| Filing 986 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Part 10 - Pages BR App 1165 - 1258 (Darragh, Daniel) |
| Filing 985 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Part 9 - Pages BR App 1105 - 1164 (Darragh, Daniel) |
| Filing 984 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Part 8 - Pages BR App 962 - 1104 (Darragh, Daniel) |
| Filing 983 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Part 7 - Pages BR App 912 - 961 (Darragh, Daniel) |
| Filing 982 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Part 6 - Pages BR App 868 - 911 (Darragh, Daniel) |
| Filing 981 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Part 5 - Pages BR App 851 - 867 (Darragh, Daniel) |
| Filing 980 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Part 4 - Pages BR App 662 - 850 (Darragh, Daniel) |
| Filing 979 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Part 3 - Pages BR App 467 - 661 (Darragh, Daniel) |
| Filing 978 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Part 2 - Pages BR App 430 - 466 (Darragh, Daniel) |
| Filing 977 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Part 1 - Pages BR App 1 - 429 (Darragh, Daniel) |
| Filing 976 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Joint Appendix to Plaintiffs' Joint Statement of Material Facts Not in Dispute with Regard to Repair Test Case Defendant Broad River Electric Cooperative, Inc. - Table of Contents (Darragh, Daniel) |
| Filing 975 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. Plaintiffs' Joint Statement of Materials Facts Not in Dispute With Regard To Repair Test Case Defendant Broad River Electric Cooperative, Inc. (Darragh, Daniel) |
| Filing 973 MOTION for Partial Summary Judgment as to CERCLA Liability Against Broad River Electric Cooperative, Inc. by Consolidation Coal Company, PCS Phosphate Company, Inc. (Darragh, Daniel) |
| Filing 972 AFFIDAVIT of Edward J. Walsh by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc.. (Attachments: #1 Exhibit A - Ward Records - Serial #5064206, #2 Exhibit B - Ward Records - Serial #5064207, #3 Exhibit C - Distribution Transformer Manufacturers and Available PCB Information, #4 Exhibit D - Guidelines for Determining PCB Status of Distribution Transformers) (Darragh, Daniel) |
| MOTION REFERRED to Magistrage Judge David W. Daniel - #967 MOTION for Extension of Time to File Response as to Third-Party Defendants' Motions to Dismiss. (Baker, C.) |
| Filing 971 Notice of Substitution of Counsel by Noelle E. Valentine on behalf of Imerys Carbonates, L.L.C., North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Electro-Minerals Inc., UPS Ground Freight, Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P. substituting for Benjamin Sidbury (Valentine, Noelle) |
| Filing 970 RESPONSE in Opposition re #967 MOTION for Extension of Time to File Response/Reply as to #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 Complain filed by City of Winston-Salem, North Carolina, FABRI-KAL Corporation, Gencorp, Inc., Riley Power Inc., Villanova University. (Attachments: #1 Exhibit A - Hexion Specialty Chemicals, Inc. v. Oak Bank Corp., 2011 U.S. Dist. Lexis 111669 (E.D.N.C. 2011) (unpublished)) (Johnson, Keith) |
| Filing 969 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #876 Notice-(other) Second Notice of Filing in Support of Motions for Summary Judgment as to Test Case Defendants, Georgia Power Company and Broad River Electric Cooperative, Inc. (Darragh, Daniel) |
| Filing 968 FINANCIAL DISCLOSURE STATEMENT by Villanova University, Villanova University in the State of Pennsylvania. (Segletes, Theodore) |
| Filing 967 MOTION for Extension of Time to File Response as to #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, #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, #952 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Third Party Complaint of PCS Phosphate Company, Inc., #950 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Third Party Complaint of PCS Phosphate Company, Inc. by PCS Phosphate Company, Inc. (Attachments: #1 Text of Proposed Order). (Shipley, Curtis) |
| Motion Submitted to District Judge Louise Wood Flanagan - #967 MOTION for Extension of Time to File Response as to Motions to Dismiss filed by Third-Party Defendants. (Baker, C.) |
| NOTICE TO COUNSEL re: #966 Notice of Appearance for Non-District Counsel - Counsel is reminded that this document must also be filed in Case Number 5:08-cv-460-FL if counsel is appearing in both matters on behalf of defendant Magnetic Metals Corporation. (Baker, C.) |
| Filing 966 NOTICE of Appearance for non-district counsel by Elizabeth S. Harvey on behalf of Magnetic Metals Corporation. (Harvey, Elizabeth) |
| Filing 965 RESPONSE to Motion re #878 MOTION for Clarification re #327 Scheduling Order, filed by CEMEX Construction Materials FL, LLC, DACCO Incorporated, J. C. Blair Memorial Hospital, National Railroad Passenger Corporation, Woodstream Corporation. (Risinger, Bradley) |
| Filing 964 RESPONSE to Motion re #878 MOTION for Clarification re #327 Scheduling Order, filed by PCS Phosphate Company, Inc. (Attachments: #1 Text of Proposed Order). (Story, Jane) |
| Filing 963 NOTICE of Appearance by Andrew H. Erteschik on behalf of Trinity Industries, Inc. (Erteschik, Andrew) |
| Filing 962 FINANCIAL DISCLOSURE STATEMENT by Babson College. (Hornthal, L.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Villanova University. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement and Notice of Appearance as to Babson College. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. Further, pursuant to Local Civil Rule 5.2, all counsel must file a Notice of Appearance. (Baker, C.) |
| Filing 961 FINANCIAL DISCLOSURE STATEMENT by Magnetic Metals Corporation identifying Corporate Parent Rowan Technologies, Inc. for Magnetic Metals Corporation. (Hartley, Joan) |
| Filing 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 by Villanova University, Villanova University in the State of Pennsylvania (Attachments: #1 Certificate of Service). (Segletes, Theodore) |
| Filing 959 Memorandum in Support re #960 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, Villanova University in the State of Pennsylvania. (Attachments: #1 Certificate of Service) (Segletes, Theodore) Modified on 2/8/2012 to link document to corrected motion. (Baker, C.) |
| Filing 958 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #960 * - MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR, IN THE ALTERNATIVE, JOINDER IN TALLAHASSEE MEMORIAL HEALTHCARE, INC.S MOTION FOR CLARIFICATION by Villanova University, Villanova University in the State of Pennsylvania. (Segletes, Theodore) Modified on 2/8/2012to insert refiling information. (Baker, C.) |
| Filing 957 ANSWER to Third Party Complaint by Emma L. Bixby Medical Center. (Brown, Gregory) |
| Filing 956 ANSWER to Third Party Complaint by Babson College. (Hornthal, L.) |
| Filing 955 Memorandum in Support re #954 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Additional Third Party Complaint of PCS Phosphate Company, Inc. filed by Gencorp, Inc. (Johnson, Keith) |
| Filing 954 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Additional Third Party Complaint of PCS Phosphate Company, Inc. by Gencorp, Inc. (Johnson, Keith) |
| Filing 953 Memorandum in Support re #952 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Third Party Complaint of PCS Phosphate Company, Inc. filed by FABRI-KAL Corporation. (Johnson, Keith) |
| Filing 952 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM the Third Party Complaint of PCS Phosphate Company, Inc. by FABRI-KAL Corporation. (Johnson, Keith) |
| Filing 951 Memorandum in Support re #950 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Third Party Complaint of PCS Phosphate Company, Inc. filed by City of Winston-Salem, North Carolina. (Johnson, Keith) |
| Filing 950 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Third Party Complaint of PCS Phosphate Company, Inc. by City of Winston-Salem, North Carolina. (Johnson, Keith) |
| Filing 949 NOTICE of Appearance by Keith Harrison Johnson on behalf of City of Winston-Salem, North Carolina. (Johnson, Keith) |
| Filing 948 NOTICE of Appearance by Andrew H. Erteschik on behalf of City of Winston-Salem, North Carolina. (Erteschik, Andrew) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to Magnetic Metals Corporation. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.) |
| Filing 974 Letter from from Christopher G. Smith re #592 MOTION for Summary Judgment on de micromis Grounds. (Baker, C.) |
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Filing 947
ORDER - The time for all Third-Party Defendants, including that of the movants of the motions specifically referenced in the attached order, to answer or otherwise respond to the Third-Party Complaint of PCS Phosphate Company, Inc. is extended to March 15, 2012 to allow the Court to consider the motion for clarification. In the event the issues addressed herein remain unresolved as of the new deadline, the parties may seek further extension. Signed by Magistrate Judge David W. Daniel on 02/03/2012. (Baker, C.)
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Filing 946
ORDER re #878 MOTION for Clarification re #327 Scheduling Order, filed by Tallahassee Memorial Healthcare, Inc. - Any party, including Third-Party Plaintiff PCS Phosphate Company, Inc. and the Third Party Defendants, that wishes to object to or otherwise be heard on the relief proposed in the motion for clarification shall file a response to the motion no later than February 13, 2012. Any reply shall be filed no later than February 17, 2012. Signed by District Judge Louise Wood Flanagan on 02/03/2012. (Baker, C.)
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| MOTIONS REFERRED to Magistrate Judge David W. Daniel - #945 MOTION for Extension of Time to File Answer, #937 MOTION for Extension of Time to File Answer re #628 Third Party Complaint, #905 Consent MOTION for Extension of Time to File Answer re #628 Third Party Complaint, #942 MOTION for Extension of Time to File Answer, #920 MOTION for Extension of Time to File Answer re #628 Third Party Complaint, and #940 Third Party MOTION for Extension of Time to File Answer re #628 Third Party Complaint. Motions referred to David W. Daniel. (Baker, C.) |
| Filing 945 MOTION for Extension of Time to File Answer by Trinity Industries, Inc. (Attachments: #1 Text of Proposed Order). (Albergotti, Robert) |
| Filing 944 Memorandum in Support re #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. (Attachments: #1 Exhibit Stimson Lumber Co. v. Int'l Paper Co.). (Friesen, Bradley) |
| Filing 943 MOTION to Dismiss Additional Third-Party Complaint for Failure to State a Claim pursuant to Rules 12(b)(6) and 14 by Riley Power Inc. (Attachments: #1 Text of Proposed Order). (Friesen, Bradley) |
| Motions Submitted to District Judge Louise Wood Flanagan - #937 MOTION for Extension of Time to File Answer re #628 Third Party Complaint, #905 Consent MOTION for Extension of Time to File Answer re #628 Third Party Complaint, #942 MOTION for Extension of Time to File Answer, #920 MOTION for Extension of Time to File Answer re #628 Third Party Complaint, and #940 Third Party MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Baker, C.) |
| Filing 942 MOTION for Extension of Time to File Answer by Magnetic Metals Corporation. (Attachments: #1 Text of Proposed Order). (Hartley, Joan) |
| Filing 941 NOTICE of Appearance by Joan Wash Hartley and Peter A. Santos on behalf of Magnetic Metals Corporation. (Hartley, Joan) |
| Filing 940 Third Party MOTION for Extension of Time to File Answer re #628 Third Party Complaint by SHO-ME Power Electric Cooperative (Attachments: #1 Text of Proposed Order) (Terpening, William) |
| Filing 939 Memorandum in Support 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 Exhibit A - U.S. v. Atlas Lederer Co., 2009 U.S. Dist. LEXIS 126350 (S.D. Ohio Sept.1, 2009), #2 Exhibit b - Schiavone v. Northeas Utilities Co., 2011 U.S. Dist. LEXIS 29090 (D.Conn. March 22, 2011), #3 Exhibit U.S. v. B&D Electric, Inc., et al. 2007 U.S. Dist. LEXIS 34086 (E.D. Mo. May 9, 2007)) (Belk, Caroline) |
| Filing 938 MOTION for Partial Summary Judgment as to Liability Against Sale Test Case Defendant Georgia Power Company by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Smith, Christopher) |
| Filing 937 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by The Rouse Company, LLC. (Attachments: #1 Text of Proposed Order). (Sevilla, Garrick) |
| Filing 936 NOTICE by Georgia Power Company re #908 Notice-(other) Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit F, Part 3, Subpart A (Attachments: #1 Supplement Part 3 Subpart B of Exhibit F: GPC's Two-Track Process, #2 Supplement Part 3 Subpart C of Exhibit F: GPC's Two-Track Process, #3 Supplement Part 3 Subpart D of Exhibit F: GPC's Two-Track Process, #4 Supplement Part 3 Subpart E of Exhibit F: GPC's Two-Track Process, #5 Supplement Part 3 Subpart F of Exhibit F: GPC's Two-Track Process, #6 Exhibit Certificate of Service). (Rumanek, Stephen) |
| Filing 935 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit F, Part 2, Subpart A (Attachments: #1 Supplement Part 2 Subpart B of Exhibit F: GPC's Two Track Process, #2 Supplement Part 2 Subpart C of Exhibit F: GPC's Two Track Process, #3 Supplement Part 2 Subpart D of Exhibit F: GPC's Two Track Process, #4 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 934 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit F, Part 1, Subpart A (Attachments: #1 Supplement Part 1 Subpart B of Exhibit F: GPC's Two-Track Process, #2 Supplement Part 1 Subpart C of Exhibit F: GPC's Two-Track Process, #3 Supplement Part 1 Subpart D of Exhibit F: GPC's Two-Track Process, #4 Supplement Part 1 Subpart E of Exhibit F: GPC's Two-Track Process, #5 Supplement Part 1 Subpart F of Exhibit F: GPC's Two-Track Process, #6 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 933 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit S, Excerpts from Deposition of Westover (Attachments: #1 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 932 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit R, Excerpts from Deposition of Ward (Attachments: #1 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 931 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit Q: Excerpts from Deposition of Walsh (Attachments: #1 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 930 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit P, Excerpts from Deposition of Tennille (Attachments: #1 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 929 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit O, Excerpts from Deposition of Dennis (Attachments: #1 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 928 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit N: Excerpts from Deposition of Brown (Attachments: #1 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 927 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit M: Excerpts from Deposition of Brewer (Attachments: #1 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 926 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit L, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit L: Facts Relevant to SEPCo's Sales of Transformers to a Third Party that Later Sent Transformers to Ward, #2 Supplement Part 3 of Exhibit L: Facts Relevant to SEPCo's Sales of Transformers to a Third Party that Later Sent Transformers to Ward, #3 Supplement Part 4 of Exhibit L: Facts Relevant to SEPCo's Sales of Transformers to a Third Party that Later Sent Transformers to Ward, #4 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 925 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Materials Related to Statement of Undisputed Material Facts, Exhibit K, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit K: Ward's Resale of All GPC Transformers to Ward's Customers, #2 Supplement Part 3 of Exhibit K: Ward's Resale of All GPC Transformers to Ward's Customers, #3 Supplement Part 4 of Exhibit K: Ward's Resale of All GPC Transformers to Ward's Customers, #4 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 924 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit J, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit J: GPC's October 1984 Sales Transactions, #2 Supplement Part 3 of Exhibit J: GPC's October 1984 Sales Transactions, #3 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 923 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Material Related to Statement of Undisputed Facts, Exhibit I, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit I: GPC's April 1984 Sales Transactions, #2 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 922 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit H, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit H: GPC's March 1984 Sales Transactions, #2 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 921 NOTICE by Georgia Power Company re #908 Notice-(other),,, Supplemental Material Related to Statement of Undisputed Facts, Exhibit G, Part 1 (Attachments: #1 Supplement Part 2 of Exhibit G: GPC's September 1983 Sales Transactions, #2 Supplement Part 3 of Exhibit G: GPC's September 1983 Sales Transactions, #3 Supplement Part 4 of Exhibit G: GPC's September 1983 Sales Transactions, #4 Exhibit Certificate of Service) (Rumanek, Stephen) |
| Filing 920 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by Melinz-Rebar, Inc. (Attachments: #1 Text of Proposed Order) (Silverman, William) |
| Filing 919 Memorandum in Support 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 Exhibit A - Young v. N.C. Agr. & Tech. State Univ., No. 11-1244, 2012 WL 11240 (4th Cir. Jan. 4, 2012), #2 Exhibit B - Am. Petroleum Inst. v. Cooper, No. 5:08-CV-396-FL, 2011 WL 6297885 (E.D.N.C. Dec. 16, 2011), #3 Exhibit C - U.S. v. Atlas Lederer Co., 282 F. Supp.2d 687 (D.D. Ohio 2001), on reconsideration, 2009 U.S. Dist. LEXIS 126350 (S.D. Ohio Sept. 1, 2009)) (Darragh, Daniel) |
| Filing 918 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company - Joint Statement of Material Facts Not In Dispute With Regard To Sale Test Case Defendant Georgia Power Company (Darragh, Daniel) |
| Filing 917 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 30 (Part 6 of 6 of Deposition Exhibit 286) - Pages App. 1320 - App. 1327 - Remaining Documents - Pages App. 1328 - App. 1392 (Darragh, Daniel) |
| Filing 916 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 29 (Part 5 of 6 of Deposition Exhibit 286) - Pages App. 1305 - App. 1319 (Darragh, Daniel) |
| Filing 915 NOTICE by Georgia Power Company re #908 Notice-(other) - Supplemental Material Related to Statement of Undisputed Material Facts, Exhibit E, Part 1 (Attachments: #1 Part 2 of Exhibit E: Ward's Business as a Reseller of Used Transformers, #2 Part 3 of Exhibit E: Ward's Business as a Reseller of Used Transformers, #3 Part 4 of Exhibit E: Ward's Business as a Reseller of Used Transformers, #4 Part 5 of Exhibit E: Ward's Business as a Reseller of Used Transformers, #5 Part 6 of Exhibit E: Ward's Business as a Reseller of Used Transformers) (Waldenberg, Whitney) |
| Filing 914 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 28 (Part 4 of 6 of Deposition Exhibit 286) - Pages App. 1289 - App. 1304 (Darragh, Daniel) |
| Filing 913 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 27 (Part 3 of 6 of Deposition Exhibit 286) - Pages App. 1271 - App. 1288 (Darragh, Daniel) |
| Filing 912 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 26 (Part 2 of 6 of Deposition Exhibit 286) - Pages App. 1258 - App. 1270 (Darragh, Daniel) |
| Filing 911 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 25 - Pages App. 1240 (Part 1 of 6 of Deposition Exhibit 286) - Pages App. 1241 - App. 1257 (Darragh, Daniel) |
| Filing 910 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 24 - Pages App. 1172 - App. 1239 (Darragh, Daniel) |
| Filing 909 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 23 - Pages App. 1015 - App. 1171 (Darragh, Daniel) |
| Filing 908 NOTICE by Georgia Power Company re Notice of Deficiency, #880 MOTION for Summary Judgment and Request for Hearing, #882 Notice-(other), Statement of Undisputed Material Facts and Notice of Filing Exhibits in Support of Georgia Power Company's Motion for Summary Judgment (Attachments: #1 Index Index of Exhibits A through S to Statement of Undisputed Material Facts, #2 Exhibit A: Summary Chart: GPC Transformers Sold to Ward, #3 Exhibit B: Summary Chart: Ward's Return on Resale of GPC's Transformers, #4 Exhibit C: Summary Chart: SEPCo Transformers Sold to EEC and Later Sent to Ward, #5 Exhibit D: Summary Chart: Ward/EEC's Return on Resale of SEPCo's Transformers) (Waldenberg, Whitney) |
| Filing 907 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 22 (Part 4 of 4 of Deposition Exhibit 700) - Pages App. 999 - App. 1014 (Darragh, Daniel) |
| Filing 906 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 21 (Part 3 of 4 of Deposition Exhibit 700) - Pages App. 964 - App. 998 (Darragh, Daniel) |
| Filing 905 Consent MOTION for Extension of Time to File Answer re #628 Third Party Complaint by Bay Mechanical & Electrical Corporation. (Attachments: #1 Proposed Order Granting Third-Party Defendant Bay Mechanical & Electrical Corporation's Unopposed Motion for an Additional Extension of Time to Respond to Third-Party Complaint) (Savidge, Keith) |
| Filing 904 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 20 (Part 2 of 4 of Deposition Exhibit 700) - Pages App. 931 - App. 963 (Darragh, Daniel) |
| Filing 903 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 19 (Part 1 of 4 of Deposition Exhibit 700) - Pages App. 904 - App. 930 (Darragh, Daniel) |
| Filing 902 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 18 - Pages App. 875 - App. 903 (Darragh, Daniel) |
| Filing 901 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 17 - Pages App. 851 - App. 874 (Darragh, Daniel) |
| Filing 900 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 16 - Pages App. 827 - App. 850 (Darragh, Daniel) |
| Filing 899 Memorandum in Support re #880 MOTION for Summary Judgment and Request for Hearing filed by Georgia Power Company. (Attachments: #1 Index of Attached Cases, #2 Exhibit Case 1: Burlington Northern, #3 Exhibit Case 2: Pneumo Abex Corp, #4 Exhibit Case 3: Florida Power & Light Co., #5 Exhibit Case 4: B&D Electric, #6 Exhibit Case 5: North Landing, #7 Exhibit Case 6: Yellow Freight, #8 Exhibit Case 7: Wedzeb, #9 Exhibit Case 8: Gordon Stafford, #10 Exhibit Case 9: C. Greene Equip, #11 Exhibit Case 10: Schiavone) (Waldenberg, Whitney) |
| Filing 898 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 15 (Part 2 of 2 of Deposition Exhibit 604) - Pages App. 799 - App. 826 (Darragh, Daniel) |
| Filing 897 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 14 (Part 1 of 2 of Deposition Exhibit 604) - Pages App. 771 - App. 798 (Darragh, Daniel) |
| Filing 896 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 13 - Pages App. 740 - App. 770 (Darragh, Daniel) |
| Filing 895 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 12 - Pages App. 707 - App. 739 (Darragh, Daniel) |
| Filing 894 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 11 (Part 3 of 3 of Deposition Exhibit 222) - Pages App. 695 - App. 706 (Darragh, Daniel) |
| Filing 893 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 10 (Part 2 of 3 of Deposition Exhibit 222) - Pages App. 683 - App. 694 (Darragh, Daniel) |
| Filing 892 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 9 - (Part 1 of 3 of Deposition Exhibit 222) - Pages App. 653 - App. 682 (Darragh, Daniel) |
| Filing 891 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 8 - Pages App. 628 - App. 652 (Darragh, Daniel) |
| Filing 890 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 7 - Pages App. 604 - App. 627 (Darragh, Daniel) |
| Filing 889 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 6 - Pages App. 585 - App. 603 (Darragh, Daniel) |
| Filing 888 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 5 - Pages App. 542 - App. 584 (Darragh, Daniel) |
| Filing 887 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 4 - Pages App. 506 - App. 541 (Darragh, Daniel) |
| Filing 886 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 3 - Pages App. 443 - App. 505 (Darragh, Daniel) |
| Filing 885 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 2 - Pages App. 1 - App. 442 (Darragh, Daniel) |
| Filing 884 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate Company, Inc. re #883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company Joint Appendix in Support of Motion for Summary Judgment as to Georgia Power Company - Part 1 - Table of Contents (Darragh, Daniel) |
| Filing 883 MOTION for Partial Summary Judgment as to CERCLA Liability Against Georgia Power Company by Consolidation Coal Company, PCS Phosphate, Inc. (Darragh, Daniel) |
| NOTICE OF DEFICIENCY re: #881 Memorandum in Support, #882 Notice - STATEMENT OF UNDISPUTED MATERIAL FACTS AND NOTICE OF FILING EXHIBITS - Pursuant to Section (L)(2) of the CM/ECF Policy Manual, attachments and exhibits must be identified with a clear and complete description of the document (e.g. Exhibit 1 is insufficient. Exhibit 1 - Affidavit of Jane Doe would meet the requirement.) Counsel is directed to refile these documents. (Baker, C.) |
| Filing 882 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #908 * - NOTICE by Georgia Power Company re #880 MOTION for Summary Judgment and Request for Hearing STATEMENT OF UNDISPUTED MATERIAL FACTS AND NOTICE OF FILING EXHIBITS (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E-S (placeholder)) (Reinhardt, Daniel) Modified on 2/2/2012 to insert refiling information. (Baker, C.) |
| Filing 881 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #899 * - Memorandum in Support re #880 MOTION for Summary Judgment and Request for Hearing filed by Georgia Power Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10) (Reinhardt, Daniel) Modified on 2/2/2012 to insert refiling information. (Baker, C.) |
| Filing 880 MOTION for Summary Judgment and Request for Hearing by Georgia Power Company. (Reinhardt, Daniel) |
| Filing 879 Memorandum in Support re #878 MOTION for Clarification re #327 Scheduling Order, filed by Tallahassee Memorial Healthcare, Inc. (Spurgeon, Susan) |
| Filing 878 MOTION for Clarification re #327 Scheduling Order, by Tallahassee Memorial Healthcare, Inc. (Attachments: #1 Text of Proposed Order) (Spurgeon, Susan) |
| Filing 877 ANSWER to #807 Answer to Third Party Complaint, Counterclaim (to Ohio Valley Medical Center's Counterclaims) by PCS Phosphate Company, Inc. (Story, Jane) |
| Filing 876 NOTICE by Consolidation Coal Company of Filing in Support of Motions for Summary Judgment as to Test Case Defendants, Georgia Power Company and Broad River Electric Cooperative, Inc. (Darragh, Daniel) |
| Filing 875 AFFIDAVIT of Joe Richard Brewer Regarding Broad River Transformers 2059260, 5064206 and 5064207 by Consolidation Coal Company. (Attachments: #1 Exhibit A - Various Ward Documents, #2 Exhibit B - Part 1 - Various Ward Documents, #3 Exhibit B - Part 2 - Various Ward Documents, #4 Exhibit C - Various Ward Documents, #5 Exhibit D - Various Ward Documents, #6 Exhibit E - Various Ward Documents) (Darragh, Daniel) |
| Filing 874 AFFIDAVIT of Gary H. Collison by Consolidation Coal Company. (Attachments: #1 Exhibit A - Expert Report of Gary H. Collison, P.E.) (Darragh, Daniel) Modified on 1/27/2012 to identify exhibit. (Baker, C.) |
| Filing 873 AFFIDAVIT of William G. Weir by Consolidation Coal Company. (Attachments: #1 Exhibit A - 07/07/05 Letter from U.S. Environmental Protection Agency, #2 Exhibit B - The Ward Transformer Site Trust Fund Expenses 09/15/05 - 12/13/11) (Darragh, Daniel) Modified on 1/27/2012 to insert exhibit naming conventions. (Baker, C.) |
| Filing 872 AFFIDAVIT of Scott Canady by Consolidation Coal Company. (Attachments: #1 Exhibit A - Coversheet) (Darragh, Daniel) |
| Filing 871 AFFIDAVIT of Joe Richard Brewer Regarding Certain Georgia Power Company Transformers by Consolidation Coal Company. (Attachments: #1 Exhibit A - Various Ward Documents, #2 Exhibit B - Various Ward Documents, #3 Exhibit Various Ward Documents, #4 Exhibit D - Various Ward Documents, #5 Exhibit Various Ward Documents, #6 Exhibit F - Part 1 - Various Ward Documents, #7 Exhibit F - Part 2 - Various Ward Documents, #8 Exhibit G - Various Ward Documents, #9 Exhibit H - Various Ward Documents, #10 Exhibit I - Various Ward Documents, #11 Exhibit J - Various Ward Documents, #12 Exhibit K - Various Ward Documents) (Darragh, Daniel) |
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Filing 870
ORDER granting #865 Motion for Entry of Default as to Third-Party Defendant Davis.Jerry, Inc. - Signed by Dennis P. Iavarone, Clerk of Court on 01/26/2012. (Baker, C.)
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| NOTICE TO COUNSEL - as to the Certificate of Service attached to #868 Notice of Substitution of Counsel. Counsel failed to list the names of each individual upon which the document was served. Counsel should file an Amended Certificate of Service. (Heath, D.) |
| Filing 869 NOTICE of Appearance by Kelli Ann Ovies on behalf of Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Ovies, Kelli) |
| Filing 868 Notice of Substitution of Counsel by Colin G Van Dyke on behalf of General Electric Company substituting for Husch Blackwell, LLP (Van Dyke, Colin) |
| Filing 867 AFFIDAVIT of Robert E. Ward, III by Consolidation Coal Company. (Attachments: #1 Exhibit A - 12/4/07 B. Ward Document Storage Affidavit, #2 Exhibit B - 5/19/10 B. Ward Document Storage Affidavit, #3 Exhibit C - Descriptive Listing of Ward Business Records) (Darragh, Daniel) |
| Filing 866 Declaration re #865 MOTION for Entry of Default as to Third Party Defendant Davis. Jerry Inc. by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit 1 - Affidavit of Service as to Davis. Jerry Inc.) (Story, Jane) |
| Filing 865 MOTION for Entry of Default as to Third Party Defendant Davis. Jerry Inc. by PCS Phosphate Company, Inc. (Attachments: #1 Text of Proposed Order) (Story, Jane) |
| MOTION REFERRED to Dennis P. Iavarone, Clerk of Court - #865 MOTION for Entry of Default as to Third Party Defendant Davis. Jerry Inc. (Baker, C.) |
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Filing 864
ORDER granting #859 Motion for Extension of Time to Answer Third-Party Complaint - Babson College answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 01/19/2012. (Baker, C.)
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| Filing 863 STIPULATION regarding Affidavit by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, North Georgia Electric Membership Corporation, PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - Affidavit of Wilford H. Hall) (Babcock, Sarah) Modified on 1/19/2012 to identify exhibit. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #859 MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #858 MOTION for Hearing re #584 MOTION for Partial Summary Judgment on De Micromis Grounds. (Baker, C.) |
| Filing 862 NOTICE of Appearance for non-district by Theodore J. Segletes, III on behalf of Villanova University, Villanova University in the State of Pennsylvania (Attachments: #1 Certificate of Service) (Segletes, Theodore) |
| Filing 861 NOTICE of Appearance for non-district counsel by Michael T. Hamilton on behalf of Villanova University, Villanova University in the State of Pennsylvania (Attachments: #1 Certificate of Service) (Hamilton, Michael) |
| Filing 860 Proposed Order re #858 MOTION for Hearing re #584 MOTION for Partial Summary Judgment on De Micromis Grounds filed by Danny Corp., Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Babcock, Sarah) |
| Filing 859 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by Babson College. (Attachments: #1 Text of Proposed Order) (Hornthal, L.) |
| Filing 858 MOTION for Hearing re #584 MOTION for Partial Summary Judgment on De Micromis Grounds by Danny Corp., Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Babcock, Sarah) |
| NOTICE OF DEFICIENCY re: #858 Motion for Hearing - Pursuant to the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.) |
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Filing 857
ORDER granting #850 Motion for Extension of Time to Answer Third-Party Complaint - Novartis Corporation's answer due 2/10/2012. Signed by District Judge Louise Wood Flanagan on 01/17/2012. (Baker, C.)
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| Filing 856 NOTICE of Appearance for non-district counsel by Peter S. Strassner on behalf of SHO-ME Power Electric Cooperative (Strassner, Peter) |
| Filing 855 AMENDED ANSWER to Third Party Complaint by E. Luke Greene Company, Inc. (Ridings, Leslie) |
| Filing 854 FINANCIAL DISCLOSURE STATEMENT by Henkels & McCoy, Inc. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Lewis, J.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #850 MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Baker, C.) |
| Filing 853 NOTICE of Appearance for non-district counsel by Keith P. McManus on behalf of Novartis Corporation (McManus, Keith) |
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Filing 852
ORDER denying #789 MOTION for Extension of Time to Conduct Expert Discovery and denying #822 Supplemental Corresponding Motion -Signed by District Judge Louise Wood Flanagan on 01/12/2012. (Baker, C.)
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| Filing 851 Proposed Order re #850 MOTION for Extension of Time to File Answer re #628 Third Party Complaint filed by Novartis Corporation. (Bowers, John) |
| Filing 850 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by Novartis Corporation. (Bowers, John) |
| Filing 849 FINANCIAL DISCLOSURE STATEMENT by Novartis Corporation identifying Corporate Parent Novartis AG for Novartis Corporation.. (Bowers, John) |
| Filing 848 NOTICE of Appearance by John Watson Bowers on behalf of Novartis Corporation (Bowers, John) |
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Filing 847
ORDER granting #840 Motion for Extension of Time to Answer Third-Party Complaint - Truland Corporation's answer due 2/13/2012. Signed by District Judge Louise Wood Flanagan on 01/12/2012. (Baker, C.)
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Filing 846
ORDER granting #839 Motion for Extension of Time to Answer Third-Party Complaint - FABRI-KAL Corporation's answer due 2/16/2012. Signed by District Judge Louise Wood Flanagan on 01/12/2012. (Baker, C.)
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Filing 845
ORDER granting #842 Motion for Extension of Time to Answer Third-Party Complaint - Saint Augustine's College's answer due 2/13/2012. Signed by District Judge Louise Wood Flanagan on 01/12/2012. (Baker, C.)
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| Filing 844 ANSWER to Third Party Complaint by Henkels & McCoy, Inc.. (Lewis, J.) |
| Filing 843 NOTICE of Appearance by J. Scott Lewis on behalf of Henkels & McCoy, Inc. (Lewis, J.) |
| Filing 842 MOTION for Extension of Time to File Answer by Saint Augustine's College. (Attachments: #1 Text of Proposed Order) (Watson, Stacie) |
| Motion Submitted to District Judge Louise Wood Flanagan - #842 MOTION for Extension of Time to File Answer. (Baker, C.) |
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Filing 841
ORDER granting #827 Motion to Dismiss Kobe Copper Products Inc. - Plaintiffs' claims against KCPI in the above captioned actions are hereby dismissed with prejudice and the reserved claims of all other parties are dismissed without prejudice. Signed by District Judge Louise Wood Flanagan on 01/11/2012. (Baker, C.)
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| Filing 840 Consent MOTION for Extension of Time to File Answer re #628 Third Party Complaint by Truland Corporation. (Attachments: #1 Text of Proposed Order) (Watts, Alissa) |
| Filing 839 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by FABRI-KAL Corporation. (Attachments: #1 Text of Proposed Order) (Johnson, Keith) |
| Filing 838 NOTICE of Appearance by Andrew H. Erteschik on behalf of FABRI-KAL Corporation (Erteschik, Andrew) |
| Filing 837 NOTICE of Appearance by Andrew H. Erteschik on behalf of Gencorp, Inc. (Erteschik, Andrew) |
| Motion Submitted to District Judge Louise Wood Flanagan - #827 MOTION to Dismiss Kobe Copper Products, Inc. Pursuant to Rule 41(a)(2). (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #840 Consent MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Baker, C.) |
| NOTICE TO COUNSEL re: #840 Motion for Extension of Time to File Answer - Counsel is reminded that this document must also be filed in Case Number 5:08-cv-460-FL on behalf of defendant Truland Corporation. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #839 MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Baker, C.) |
| Filing 836 NOTICE of Appearance for non-district counsel by Peter S. Strassner, Ross E. Linzer, William R. Terpening and Peter C. Anderson on behalf of SHO-ME Power Electric Cooperative (Linzer, Ross) |
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Filing 835
ORDER granting #810 Motion for Extension of Time to Answer Third-Party Complaint - Villanova University's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 01/10/2012. (Baker, C.)
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Filing 834
ORDER granting #799 Motion for Extension of Time to File Answer re Third Party Complaint - Georgia-Pacific LLC's answer due by 2/6/2012. Signed by District Judge Louise Wood Flanagan on 01/10/2012. (Baker, C.)
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Filing 833
ORDER granting #813 Motion for Extension of Time to File Response re Third Party Complaint - Parker-Hannifin Corporation's answer due by 2/8/2012. Signed by District Judge Louise Wood Flanagan on 01/10/2012. (Baker, C.)
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Filing 832
ORDER granting #823 Motion for Extension of Time to Answer Third-Party Complaint - Timken US LLC's answer due 2/8/2012. Signed by District Judge Louise Wood Flanagan on 01/10/2012. (Baker, C.)
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| Filing 831 FINANCIAL DISCLOSURE STATEMENT by FABRI-KAL Corporation (Johnson, Keith) |
| Filing 830 NOTICE of Appearance by Keith Harrison Johnson on behalf of FABRI-KAL Corporation (Johnson, Keith) |
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Filing 829
ORDER granting #817 Motion to Withdraw as Attorney of Record for Defendant Caterpillar Inc. - Attorney Brian K. Lewallen terminated. Signed by District Judge Louise Wood Flanagan on 01/10/2012. (Baker, C.)
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| Filing 828 Memorandum in Support re #827 MOTION to Dismiss Kobe Copper Products, Inc. Pursuant to Rule 41(a)(2) filed by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 827 MOTION to Dismiss Kobe Copper Products, Inc. Pursuant to Rule 41(a)(2) by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel) |
| Filing 826 Memorandum in Opposition re #822 Supplemental MOTION for Extension of Time to Complete Discovery regarding Experts and Notice Of Intent to Disclose Rebuttal Expert, #789 MOTION for Extension of Time to Conduct Expert Discovery and Notice of Intent to Disclose Rebuttal Expert filed by Consolidation Coal Company. (Attachments: #1 Exhibit A - E-Mail of 8/10/10 from Counsel for Consol, #2 Exhibit B - E-Mail of 12/12/11 from Counsel for Broad River, #3 Exhibit C - Excerpt from Deposition Transcript of G. Collison on 9/15/10, #4 Exhibit D - Wooton v. CL, LLC, No. 2:09-CV-34-FL, 2010 U.S. Dist. LEXIS 138130 (E.D.N.C. 12/29/10)) (Darragh, Daniel) |
| Filing 825 NOTICE of Voluntary Dismissal as to Third-Party Defendant Kerr-McGee Corporation by PCS Phosphate Company, Inc. (Story, Jane) Modified on 1/11/2012 to clarify docket entry text. (Baker, C.) |
| Filing 824 NOTICE by Caterpillar Inc. re #817 MOTION to Withdraw as Attorney (Millberg, John) |
| Motion Submitted to District Judge Louise Wood Flanagan - #823 MOTION for Extension of Time to File Answer. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #817 MOTION to Withdraw as Attorney. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #822 Supplemental MOTION for Extension of Time to Complete Discovery regarding Experts and Notice Of Intent to Disclose Rebuttal Expert. (Baker, C.) |
| Filing 823 MOTION for Extension of Time to File Answer by Timken US LLC. (Attachments: #1 Text of Proposed Order on Motion for Ext of Time) (Byrne, Michael) |
| Filing 822 Supplemental MOTION for Extension of Time to Complete Discovery regarding Experts and Notice Of Intent to Disclose Rebuttal Expert by Broad River Electric Cooperative, Inc., Georgia Power Company. (Attachments: #1 Exhibit A - 01/09/2012) (Dewberry, Uyless) |
| Filing 821 FINANCIAL DISCLOSURE STATEMENT by Timken US LLC. (Byrne, Michael) |
| Filing 820 NOTICE of Appearance by William A. White, David E. Fox, and Michael J. Byrne on behalf of Timken US LLC (Byrne, Michael) |
| Filing 819 ANSWER to Third Party Complaint by CEMEX Construction Materials FL, LLC. (Risinger, Bradley) |
| Filing 818 ANSWER to Third Party Complaint by National Railroad Passenger Corporation. (Risinger, Bradley) |
| Filing 817 MOTION to Withdraw as Attorney by Caterpillar Inc. (Attachments: #1 Text of Proposed Order) (Millberg, John) |
| Filing 816 NOTICE of Appearance for non-district by Kevin P. Sullivan and Steven G. Metzger on behalf of St. John's College (Sullivan, Kevin) |
| Filing 815 Proposed Order by Villanova University in the State of Pennsylvania. (Attachments: #1 Text of Proposed Order) (Tarleton, Allan) |
| Filing 814 FINANCIAL DISCLOSURE STATEMENT by Parker-Hannifin Corporation (Olson, Kurt) |
| Filing 813 Consent MOTION for Extension of Time to File Response/Reply by Parker-Hannifin Corporation. (Attachments: #1 Text of Proposed Order Granting Motion For Extension of Time) (Olson, Kurt) |
| Filing 812 NOTICE of Appearance by Kurt J. Olson on behalf of Parker-Hannifin Corporation (Attachments: #1 Appendix Financial Disclosure Statement) (Olson, Kurt) |
| Motion Submitted to District Judge Louise Wood Flanagan - #810 MOTION for Extension of Time to File Answer. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #789 MOTION for Extension of Time to Conduct Expert Discovery and Notice of Intent to Disclose Rebuttal Expert. (Baker, C.) |
| NOTICE OF DEFICIENCY re: #810 Motion for Extension of Time to File Answer - Pursuant to Local Civil Rule 6.1, or the judge's practice preferences on the court's website, counsel must submit a proposed order. The order must be filed electronically using the event PROPOSED ORDER located in the RESPONSES AND REPLIES category. (Baker, C.) |
| NOTICE OF DEFICIENCY re: #812 Notice of Appearance - The Financial Disclosure Statement attached to this document must be filed as a stand-alone item. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #813 Consent MOTION for Extension of Time to File Response. (Baker, C.) |
| Filing 811 NOTICE of Appearance of Non-District Counsel Michael T. Hamilton on behalf of Villanova University in the State of Pennsylvania (Tarleton, Allan) Modified on 1/9/2012 to clarify docket entry text. (Baker, C.) |
| Filing 810 MOTION for Extension of Time to File Answer by Villanova University. (Tarleton, Allan) |
| Filing 809 NOTICE of Appearance by Allan R. Tarleton and non-district counsel Michael T. Hamilton on behalf of Villanova University in the State of Pennsylvania (Tarleton, Allan) |
| Filing 808 ANSWER to Third Party Complaint by Mass. Electric Construction Co. (Larson, Linda) |
| Filing 807 ANSWER to Third Party Complaint , COUNTERCLAIM against PCS Phosphate Company, Inc. by Ohio Valley Medical Center, Incorporated. (Buckner, Andrew) |
| Filing 806 ANSWER to Third Party Complaint by J. C. Blair Memorial Hospital. (Risinger, Bradley) |
| Filing 805 ANSWER to Third Party Complaint by Woodstream Corporation. (Risinger, Bradley) |
| Filing 804 ANSWER to Third Party Complaint by DACCO Incorporated. (Risinger, Bradley) |
| Filing 803 ANSWER to Third Party Complaint by E. Luke Greene Company, Inc. (Ridings, Leslie) |
| Filing 802 FINANCIAL DISCLOSURE STATEMENT by Ohio Valley Medical Center, Incorporated. (Marshall, James) |
| Filing 801 NOTICE of Appearance by James W. Marshall, III on behalf of Ohio Valley Medical Center, Incorporated (Marshall, James) |
| Filing 800 Affirmative Defenses and ANSWER to Third Party Complaint by UPS Ground Freight, Inc. (Babcock, Sarah) |
| Filing 799 Consent MOTION for Extension of Time to File Response/Reply as to #632 Third Party Complaint, by Georgia-Pacific, LLC. (Attachments: #1 Text of Proposed order) (Fedder, Jane) |
| Filing 798 ANSWER to Third Party Complaint by Thomasville Furniture Industries, Inc. (Mitchell, Charlotte) |
| Filing 797 ANSWER to Third Party Complaint by Southern Alloy Corporation. (Mitchell, Charlotte) |
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Filing 796
ORDER granting #795 Motion for Extension of Time to Answer Third-Party Complaint - City of Winston-Salem, North Carolina's answer due 2/7/2012. Signed by District Judge Louise Wood Flanagan on 01/06/2012. (Baker, C.)
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| Motion Submitted to District Judge Louise Wood Flanagan - #799 Consent MOTION for Extension of Time to File Response/Reply as to #632 Third Party Complaint. (Baker, C.) |
| NOTICE OF DEFICIENCY re: #789 Motion for Extension of Time - Pursuant to Local Civil Rule 6.1, all motions for an extension of time to perform an act required or allowed to be done within a specified time must show prior consultation with opposing counsel and the views of opposing counsel. By directive received from the Court, counsel is to supplement this motion by providing the omitted information in filing to be made by the close of business on Monday, January 9, 2012. (Baker, C.) |
| Filing 795 First MOTION for Extension of Time to File Answer re #628 Third Party Complaintby City of Winston-Salem, North Carolina. (Attachments: #1 Text of Proposed Order) (Baker, Anthony) |
| Filing 794 FINANCIAL DISCLOSURE STATEMENT by City of Winston-Salem, North Carolina (Baker, Anthony) |
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Filing 793
ORDER granting #787 Motion for Extension of Time to Answer Third-Party Complaint - Bay Mechanical & Electrical Corporation's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 01/05/2012. (Baker, C.)
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Filing 792
ORDER granting #785 Motion for Extension of Time to Answer Third-Party Complaint - Delaware Electric Cooperative, Inc.'s answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 01/05/2012. (Baker, C.)
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Filing 791
ORDER granting #786 Motion for Extension of Time to Answer Third-Party Complaint - Seabrook Enterprises, Inc.'s answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 01/05/2012. (Baker, C.)
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| Filing 790 ANSWER to Third Party Complaint and Affirmative Defenses by Batesville Casket Company. (Mullican, Valerie) |
| Motion Submitted to District Judge Louise Wood Flanagan - #795 First MOTION for Extension of Time to File Answer re #628 Third Party Complaint (Baker, C.) |
| Filing 789 MOTION for Extension of Time to Conduct Expert Discovery and Notice of Intent to Disclose Rebuttal Expert by Broad River Electric Cooperative, Inc., Georgia Power Company. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - 12/30/11 Email Letter from C. Smith to U. Dewberry, #3 Exhibit B - 12/30/11 Email Letter from D. Darragh to U. Dewberry) (Dewberry, Uyless) |
| Filing 788 NOTICE of Appearance for non-district counsel by Leslie T. Ridings and William C. Bovender on behalf of E. Luke Greene Company, Inc. (Ridings, Leslie) |
| Filing 787 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by Bay Mechanical & Electrical Corporation. (Attachments: #1 Text of Proposed Order Granting Third-Party Defendant Bay Mechanical & Electrical Corporation's Motion for Extension of Time to Respond to Third-Party Complaint) (Savidge, Keith) |
| Filing 786 MOTION for Extension of Time to File Answer by Seabrook Enterprises, Inc. (Attachments: #1 Text of Proposed Order on Motion to Extend) (Byrne, Michael) |
| Filing 785 MOTION for Extension of Time to File Answer by Delaware Electric Cooperative, Inc. (Attachments: #1 Text of Proposed Order on Motion to Extend) (Byrne, Michael) |
| Motion Submitted to District Judge Louise Wood Flanagan: #785 MOTION for Extension of Time to File Answer. (Tripp, S.) |
| Motion Submitted to District Judge Louise Wood Flanagan: #786 MOTION for Extension of Time to File Answer. (Tripp, S.) |
| Motion Submitted to District Judge Louise Wood Flanagan: #787 MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Tripp, S.) |
| Filing 784 FINANCIAL DISCLOSURE STATEMENT by J. C. Blair Memorial Hospital identifying Corporate Parent J. C. Blair Health Systems, Inc. for J. C. Blair Memorial Hospital. (Risinger, Bradley) |
| Filing 783 NOTICE of Appearance by Bradley M. Risinger and David Restaino on behalf of J. C. Blair Memorial Hospital (Risinger, Bradley) |
| Filing 782 NOTICE of Appearance for non-district by Russell C. Prugh on behalf of Mass. Electric Construction Co. (Prugh, Russell) |
| Filing 781 NOTICE of Appearance for non-district counsel by Linda R. Larson on behalf of Mass. Electric Construction Co. (Larson, Linda) |
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Filing 780
ORDER granting #778 Motion for Extension of Time to Answer Third-Party Complaint - Barnes & Powell Elecrical Company, Inc.'s answer due 2/7/2012. Signed by District Judge Louise Wood Flanagan on 12/20/2011. (Baker, C.)
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| Motion Submitted to District Judge Louise Wood Flanagan - #778 MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Baker, C.) |
| Filing 779 NOTICE of Appearance for non-district counsel by Edward S. Griggs on behalf of Batesville Casket Company (Griggs, Edward) |
| Filing 778 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by Barnes & Powell Elecrical Company, Inc. (Attachments: #1 Text of Proposed Order) (Smith, M.) |
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Filing 777
ORDER granting #776 Motion for Extension of Time to Answer Third-Party Complaint - The Rouse Company, LLC's answer due 12/29/2011. Signed by District Judge Louise Wood Flanagan on 12/29/2011. (Baker, C.)
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| Filing 776 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by The Rouse Company, LLC. (Attachments: #1 Text of Proposed Order) (Sevilla, Garrick) |
| Motion Submitted to District Judge Louise Wood Flanagan - #776 MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Baker, C.) |
| Filing 775 FINANCIAL DISCLOSURE STATEMENT by Barnes & Powell Elecrical Company, Inc. (Smith, M.) |
| Filing 774 NOTICE of Appearance by M. Riana Smith on behalf of Barnes & Powell Elecrical Company, Inc. (Smith, M.) |
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Filing 773
ORDER denying #665 Motion to Amend/Correct #625 Order on Motion for Protective Order - Signed by District Judge Louise Wood Flanagan on 12/28/2011. (Baker, C.)
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Filing 772
ORDER granting #771 Motion for Extension of Time to File Response to Third-Party Complaint - Gencorp, Inc.'s answer due by 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/28/2011. (Baker, C.)
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| Filing 771 MOTION for Extension of Time to File Response/Reply to Third-Party Complaint by Gencorp, Inc. (Attachments: #1 Text of Proposed Order) (Johnson, Keith) |
| Motion Submitted to District Judge Louise Wood Flanagan - #771 MOTION for Extension of Time to File Response/Reply to Third-Party Complaint. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #665 MOTION to Modify #625 Order on Motion for Protective Order. (Baker, C.) |
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Filing 770
ORDER granting #767 Motion for Extension of Time to Answer Third-Party Complaint - Robert Bosch LLC's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/27/2011. (Baker, C.)
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Filing 769
ORDER granting #766 Motion for Extension of Time to Answer Third-Party Complaint - The National Lime and Stone Company's answer due 2/13/2012. Signed by District Judge Louise Wood Flanagan on 12/27/2011. (Baker, C.)
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Filing 768
ORDER granting #764 Motion for Extension of Time to Answer Third-Party Complaint - IES Commercial, Inc., and/or Integrated Electrical Services, Inc.'s answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/27/2011. (Baker, C.)
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| Filing 767 MOTION for Extension of Time to File Answer Third-Party Complaint by Robert Bosch LLC. (Attachments: #1 Text of Proposed Order) (Hartley, Joan) |
| Filing 766 MOTION for Extension of Time to File Answer Third-Party Complaint by The National Lime and Stone Company. (Attachments: #1 Text of Proposed Order) (Hartley, Joan) |
| Filing 765 FINANCIAL DISCLOSURE STATEMENT by IES Commercial, Inc., and/or Integrated Electrical Services, Inc. identifying Corporate Parent Integrated Electrical Services, Inc. for IES Commercial, Inc., and/or Integrated Electrical Services, Inc. (Hartley, Joan) |
| Filing 764 MOTION for Extension of Time to File Answer Third-Party Complaint by IES Commercial, Inc., and/or Integrated Electrical Services, Inc. (Attachments: #1 Text of Proposed Order) (Hartley, Joan) |
| Motion Submitted to District Judge Louise Wood Flanagan - #764 MOTION for Extension of Time to File Answer to Third-Party Complaint. (Baker, C.) |
| Motions Submitted to District Judge Louise Wood Flanagan - #767 MOTION for Extension of Time to File Answer Third-Party Complaint and #766 MOTION for Extension of Time to File Answer Third-Party Complaint. (Baker, C.) |
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Filing 763
ORDER granting #762 Motion for Extension of Time to Answer Third Party Complaint - Trinity Industries, Inc.'s answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/23/2011. (Baker, C.)
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| Filing 762 MOTION for Extension of Time to File Answer by Trinity Industries, Inc. (Attachments: #1 Text of Proposed Order) (Albergotti, Robert) |
| Filing 761 FINANCIAL DISCLOSURE STATEMENT by Gencorp, Inc. (Johnson, Keith) |
| Filing 760 NOTICE of Appearance by Keith Harrison Johnson on behalf of Gencorp, Inc. (Johnson, Keith) |
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Filing 759
ORDER granting #758 Motion for Extension of Time to Answer Third-Party Complaint - The North Carolina Granite Corporation's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/23/2011. (Baker, C.)
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| Motion Submitted to District Judge Louise Wood Flanagan - #758 MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Baker, C.) |
| NOTICE OF DEFICIENCY - Failure to File Financial Disclosure Statement as to City of Winston-Salem, North Carolina. Pursuant to Fed. R. Civ. P. 7.1 and Local Civil Rule 7.3, all parties must file a corporate affiliate/financial interest disclosure statement. A negative statement is required if a party has no disclosures to make. The disclosure statement must be on a form provided by the clerk. This form is available at the clerk's office and on the court's website. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #762 MOTION for Extension of Time to File Answer. (Baker, C.) |
| Filing 758 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by The North Carolina Granite Corporation. (Attachments: #1 Text of Proposed Order) (Southerland, Jeffrey) |
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Filing 757
ORDER granting #756 Motion for Extension of Time to Answer Third-Party Complaint - SHO-ME Power Electric Cooperative's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/22/2011. (Baker, C.)
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| Filing 756 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by SHO-ME Power Electric Cooperative. (Attachments: #1 Text of Proposed Order) (Terpening, William) |
| Motions Submitted: #756 MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Baker, C.) |
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Filing 755
ORDER granting #750 Motion for Extension of Time to Answer Third-Party Complaint - Riley Power Inc.'s answer due 12/21/2011. Signed by District Judge Louise Wood Flanagan on 12/21/2011. (Baker, C.)
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| Filing 754 NOTICE of Appearance by Anthony J. Baker on behalf of City of Winston-Salem, North Carolina (Baker, Anthony) |
| Filing 753 STIPULATION of Dismissal Without Prejudice of Defendant Lockwood's Electric Motor Service, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 752 Notice of Substitution of Counsel by Jason E. Yearout on behalf of Guernsey-Muskingum Electric Cooperative, Inc. substituting for Gregory R. Flax (Yearout, Jason) |
| Filing 751 NOTICE of Appearance by Susan K. Spurgeon on behalf of Tallahassee Memorial Healthcare, Inc. (Spurgeon, Susan) |
| Filing 750 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by Riley Power Inc. (Attachments: #1 Text of Proposed Order) (Friesen, Bradley) |
| Motion Submitted to District Judge Louise Wood Flanagan - #750 MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Baker, C.) |
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Filing 749
ORDER granting #747 Motion for Extension of Time to Answer Third-Party Complaint - Melinz-Rebar, Inc.'s answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/20/2011. (Baker, C.)
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| Filing 748 FINANCIAL DISCLOSURE STATEMENT by Saint Augustine's College. (Watson, Stacie) |
| Filing 747 MOTION for Extension of Time to File Answer re #628 Third Party Complaint by Melinz-Rebar, Inc. (Attachments: #1 Text of Proposed Order) (Langdon, J.) |
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Filing 746
ORDER granting #745 Motion for Extension of Time to Answer Third-Party Complaint - Tallahassee Memorial Healthcare, Inc.'s answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/20/2011. (Baker, C.)
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| Filing 745 MOTION for Extension of Time to File Answer or Otherwise Respond by Tallahassee Memorial Healthcare, Inc.. (Attachments: #1 Text of Proposed Order) (Sevilla, Garrick) |
| Motion Submitted to District Judge Louise Wood Flanagan - #747 MOTION for Extension of Time to File Answer re #628 Third Party Complaint. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #745 MOTION for Extension of Time to File Answer or Otherwise Respond. (Baker, C.) |
| Filing 744 FINANCIAL DISCLOSURE STATEMENT by The National Lime and Stone Company. (Hartley, Joan) |
| Filing 743 NOTICE of Appearance by Joan Wash Hartley on behalf of The National Lime and Stone Company (Hartley, Joan) |
| Filing 742 FINANCIAL DISCLOSURE STATEMENT by SHO-ME Power Electric Cooperative. (Terpening, William) |
| Filing 741 NOTICE of Appearance by Peter S. Strassner, Ross E. Linzer, William R. Terpening and Peter C. Anderson on behalf of SHO-ME Power Electric Cooperative (Terpening, William) |
| Filing 740 STIPULATION of Dismissal With Prejudice as to Bonner Electric, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 739 WITHDRAWAL of Motion by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. re #701 MOTION for Discovery / Motion and Memorandum in Support for Leave to Serve Discovery and to Designate Deposition Venue filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. . (Smith, Christopher) |
| Filing 738 FINANCIAL DISCLOSURE STATEMENT by Truland Corporation. (Watts, Alissa) |
| Filing 737 NOTICE of Appearance by Alissa A. Watts on behalf of Truland Corporation (Watts, Alissa) |
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Filing 736
ORDER granting #731 Motion for Extension of Time to Answer Third-Party Complaint - Emma L. Bixby Medical Center's answer due 2/6/2012. Signed by District Judge Louise Wood Flanagan on 12/16/2011. (Baker, C.)
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| NOTICE TO COUNSEL re: #737 Notice of Appearance and #738 Financial Disclosure Statement - Counsel is reminded that these documents must also be filed in Case Number 5:08-cv-460-FL if counsel is appearing in both matters on behalf of defendant Truland Corporation. (Baker, C.) |
| Filing 735 FINANCIAL DISCLOSURE STATEMENT by Georgia-Pacific, LLC identifying Corporate Parent Koch Industries, Inc. for Georgia-Pacific, LLC. (Fedder, Jane) |
| Filing 734 NOTICE of Appearance by Joseph G. Nassif, Jane E. Fedder, Uyless Dewberry and Andrew Erteschik on behalf of Georgia-Pacific, LLC (Fedder, Jane) |
| Filing 733 Memorandum in Opposition re #701 MOTION for Discovery / Motion and Memorandum in Support for Leave to Serve Discovery and to Designate Deposition Venue filed by Georgia-Pacific, LLC. (Attachments: #1 Exhibit 1 - 11/17/11 Emaul re Deposition Scheduling, #2 Exhibit 2 - 12/09/11 Email re Defendants Interrogatories and document requests served on 11/17/2011, #3 Exhibit 3 - 12/13/11 Email re Defendants Interrogatories and document requests served on 11/17/2011, #4 Exhibit 4 - Amended Disclosure of Non Retained Expert Richard Westover, #5 Exhibit 5 Notice of Deposition of Richard Westover) (Fedder, Jane) |
| Filing 732 Proposed Order re #731 MOTION for Extension of Time to File Answer filed by Emma L. Bixby Medical Center. (Brown, Gregory) |
| Filing 731 MOTION for Extension of Time to File Answer by Emma L. Bixby Medical Center. (Brown, Gregory) |
| Filing 730 RESPONSE in Opposition re #665 MOTION to Amend/Correct #625 Order on Motion for Protective Order - /Motion to Modify Order filed by Georgia Power Company. (Reinhardt, Daniel) |
| Filing 729 NOTICE of Appearance by Stacie Saunders Watson on behalf of Saint Augustine's College (Watson, Stacie) |
| Filing 728 NOTICE of Appearance by Charles T. Francis on behalf of Saint Augustine's College (Francis, Charles) |
| Filing 727 NOTICE of Appearance by Garrick Alcarez Sevilla on behalf of Tallahassee Memorial Healthcare, Inc. (Sevilla, Garrick) |
| Filing 726 NOTICE of Appearance by Garrick Alcarez Sevilla on behalf of The Rouse Company, LLC (Sevilla, Garrick) |
| Filing 725 FINANCIAL DISCLOSURE STATEMENT by Ohio Valley Medical Center, Incorporated (Buckner, Andrew) |
| Filing 724 FINANCIAL DISCLOSURE STATEMENT by Tallahassee Memorial Healthcare, Inc. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Vick, Brian) |
| Filing 723 FINANCIAL DISCLOSURE STATEMENT by Mass. Electric Construction Co. identifying Corporate Parent Kiewit Infrastructure Co., Corporate Parent Kiewit Corporation, Corporate Parent Peter Kiewit Sons', Inc., Corporate Parent Kiewit Infrastructure Group, Inc. for Mass. Electric Construction Co. (Riemann, Neil) |
| Filing 722 NOTICE of Appearance by Brian C. Vick and non-district counsel Susan K. Spurgeon on behalf of Tallahassee Memorial Healthcare, Inc. (Vick, Brian) |
| Filing 721 NOTICE of Appearance by Neil A. Riemann on behalf of Mass. Electric Construction Co. (Riemann, Neil) |
| Filing 720 NOTICE of Appearance by Brian C. Vick and non-district counsel Jeffrey R. Diver on behalf of The Rouse Company, LLC (Vick, Brian) |
| Filing 719 FINANCIAL DISCLOSURE STATEMENT by The Rouse Company, LLC identifying Corporate Parent GGP Limited Partnership, Corporate Parent GGP Limited Partnership II, Corporate Parent GGP, Inc., Corporate Parent GGP Real Estate Holding II, Inc., Corporate Parent GGP Real Estate Holding I, Inc., Corporate Parent General Growth Properties, Inc. for The Rouse Company, LLC. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Vick, Brian) |
| Filing 718 FINANCIAL DISCLOSURE STATEMENT by Melinz-Rebar, Inc. (Langdon, J.) |
| Filing 717 NOTICE of Appearance by J. Mark Langdon and William W. Silverman on behalf of Melinz-Rebar, Inc. (Langdon, J.) |
| Filing 716 FINANCIAL DISCLOSURE STATEMENT by Seabrook Enterprises, Inc. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Byrne, Michael) |
| Filing 715 FINANCIAL DISCLOSURE STATEMENT by Delaware Electric Cooperative, Inc. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Byrne, Michael) |
| Filing 714 NOTICE of Appearance by William A. White, David E. Fox, and Michael J. Byrne on behalf of Seabrook Enterprises, Inc. (Byrne, Michael) |
| Filing 713 FINANCIAL DISCLOSURE STATEMENT by National Railroad Passenger Corporation. (Risinger, Bradley) |
| Filing 712 NOTICE of Appearance by William A. White, David E. Fox, and Michael J. Byrne on behalf of Delaware Electric Cooperative, Inc. (Byrne, Michael) |
| Filing 711 NOTICE of Appearance by Andrew C. Buckner on behalf of Ohio Valley Medical Center, Incorporated (Buckner, Andrew) |
| Filing 710 NOTICE of Appearance by Dan Johnson McLamb on behalf of Ohio Valley Medical Center, Incorporated (McLamb, Dan) |
| Filing 709 FINANCIAL DISCLOSURE STATEMENT by Trinity Industires, Inc. identifying Corporate Parent Trinity Industries, Inc. for Trinity Industries, Inc. (Albergotti, Robert) |
| Filing 708 NOTICE of Appearance by Robert Dew Albergotti on behalf of Trinity Industires, Inc. (Albergotti, Robert) |
| Filing 707 FINANCIAL DISCLOSURE STATEMENT by E. Luke Greene Company, Inc. Associated Cases: 5:08-cv-00463-FL et al. (Johnson, Russell) |
| Filing 706 NOTICE of Appearance by Russell W. Johnson on behalf of E. Luke Greene Company, Inc. (Johnson, Russell) |
| Filing 705 FINANCIAL DISCLOSURE STATEMENT by E. Luke Greene Company, Inc. Associated Cases: 5:08-cv-00460-FL et al. (Johnson, Russell) |
| Filing 704 FINANCIAL DISCLOSURE STATEMENT by Riley Power Inc. identifying Corporate Parent Vogt-NEM, Inc., Corporate Parent Babcock Power Capital Corporation, Corporate Parent BBCC Holding Co., Inc., Corporate Parent Babcock Power Inc. for Riley Power Inc. (Nielsen, Donald) |
| Filing 703 NOTICE of Appearance by Bradley Craig Friesen on behalf of Riley Power Inc. (Friesen, Bradley) |
| Filing 702 NOTICE of Appearance by Donald M. Nielsen on behalf of Riley Power Inc. (Nielsen, Donald) |
| Filing 701 MOTION for Discovery / Motion and Memorandum in Support for Leave to Serve Discovery and to Designate Deposition Venue by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Attachments: #1 Exhibit A-Defendants' Joint Expert Disclosure, #2 Exhibit B-Disclosure of Non-Retained Expert Richard Westover, #3 Exhibit C-Amended Disclosure of Non-Retained Expert Richard Westover, #4 Exhibit D-Email Exchange Between Counsel for Plaintiffs and Defendants, #5 Exhibit E-In Re Yasmin and Yaz, #6 Text of Proposed Order) (Smith, Christopher) |
| Filing 700 FINANCIAL DISCLOSURE STATEMENT by CEMEX Construction Materials FL, LLC identifying Corporate Parent CEMEX Materials, LLC, Corporate Parent CEMEX, Inc. for CEMEX Construction Materials FL, LLC. (Risinger, Bradley) |
| Filing 699 NOTICE of Appearance by Bradley M. Risinger and Stephen W. Earp on behalf of CEMEX Construction Materials FL, LLC (Risinger, Bradley) |
| Filing 698 NOTICE of Appearance by Bradley M. Risinger on behalf of National Railroad Passenger Corporation (Risinger, Bradley) |
| Filing 697 FINANCIAL DISCLOSURE STATEMENT by DACCO Incorporated identifying Corporate Parent ETX, Inc., Corporate Parent ETX Holdings, Inc. for DACCO Incorporated.. (Risinger, Bradley) |
| Filing 696 NOTICE of Appearance by Bradley M. Risinger on behalf of DACCO Incorporated (Risinger, Bradley) |
| Filing 695 FINANCIAL DISCLOSURE STATEMENT by Bay Mechanical & Electrical Corporation (Savidge, Keith) |
| Filing 694 FINANCIAL DISCLOSURE STATEMENT by Woodstream Corporation identifying Corporate Parent Woodstream Holdings, Inc., Corporate Parent Woodstream Group, Inc. for Woodstream Corporation. (Risinger, Bradley) |
| Filing 693 NOTICE of Appearance by Bradley M. Risinger on behalf of Woodstream Corporation (Risinger, Bradley) |
| Filing 692 NOTICE of Appearance by Keith A. Savidge and Perry C. Henson, Jr. on behalf of Bay Mechanical & Electrical Corporation (Savidge, Keith) |
| Filing 691 NOTICE of Appearance by Benjamin Freedman Sidbury on behalf of UPS Ground Freight, Inc. (Sidbury, Benjamin) |
| Filing 690 ANSWER to Third Party Complaint by St. John's College. (DeGeorge, R.) |
| Filing 689 NOTICE of Appearance by Gregory Wenzl Brown and Kristi L. Gavalier on behalf of Emma L. Bixby Medical Center (Brown, Gregory) |
| Filing 688 NOTICE of Appearance for non-district counsel by Douglas S. Arnold on behalf of UPS Ground Freight, Inc. (Arnold, Douglas) |
| Filing 687 NOTICE of Appearance for non-district counsel by Meaghan G. Boyd on behalf of UPS Ground Freight, Inc. (Boyd, Meaghan) |
| Filing 686 *DISREGARD - DUPLICATE FILING OF DOCKET ENTRY #684 * - FINANCIAL DISCLOSURE STATEMENT by The North Carolina Granite Corporation. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Jacobson, Denis) Modified on 12/13/2011. (Baker, C.) |
| Filing 685 FINANCIAL DISCLOSURE STATEMENT by UPS Ground Freight, Inc. identifying Corporate Parent United Parcel Service, Inc., Corporate Parent United Parcel Service of America, Inc. for UPS Ground Freight, Inc. (Babcock, Sarah) |
| Filing 684 FINANCIAL DISCLOSURE STATEMENT by The North Carolina Granite Corporation. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Jacobson, Denis) |
| Filing 683 NOTICE of Appearance for non-district counsel by Douglas S. Arnold, Meaghan G. Boyd, Benjamin F. Sidbury, and Sarah T. Babcock on behalf of UPS Ground Freight, Inc. (Babcock, Sarah) |
| Filing 682 NOTICE of Appearance for non-district counsel by William T. Lavender, Jr on behalf of IES Commercial, Inc., and/or Integrated Electrical Services, Inc. (Lavender, William) |
| Filing 681 NOTICE of Appearance for non-district counsel by William T. Lavender, Jr. on behalf of Robert Bosch LLC (Lavender, William) |
| Filing 680 FINANCIAL DISCLOSURE STATEMENT by IES Commercial, Inc., and/or Integrated Electrical Services, Inc. (Hartley, Joan) |
| Filing 679 FINANCIAL DISCLOSURE STATEMENT by Robert Bosch LLC. (Hartley, Joan) |
| Filing 678 NOTICE of Appearance by Joan Wash Hartley on behalf of Robert Bosch LLC (Hartley, Joan) |
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Filing 677
ORDER regarding discovery dispute, as related by Christopher G. Smith on behalf of plaintiffs, of or relating to (1) the venue for three expert witness depositions and (2) plaintiffs' requests for documents provided by any defendant to Richard Westover, whom Mr. Smith identifies as a non-retained expert on behalf of all defendants - Where Mr. Smith indicated that plaintiffs have prepared a motion addressing the discovery dispute, the court directs plaintiffs to file said motion and supporting memorandum by the close of business Tuesday, December 13, 2011. Responses by any defendant are due December 21, 2011. Signed by District Judge Louise Wood Flanagan on 12/12/2011. (Baker, C.)
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| Filing 676 WAIVER OF SERVICE Returned Executed by PCS Phosphate Company, Inc. (Story, Jane) |
| Filing 675 FINANCIAL DISCLOSURE STATEMENT by Southern Alloy Corporation. (Mitchell, Charlotte) |
| Filing 674 NOTICE of Appearance by Charlotte A. Mitchell, Karen M. Kemerait, and M. Gray, Styers on behalf of Southern Alloy Corporation (Mitchell, Charlotte) |
| Filing 673 NOTICE of Appearance by Jeffrey Scott Southerland on behalf of The North Carolina Granite Corporation (Southerland, Jeffrey) |
| Filing 672 NOTICE of Appearance by Denis E. Jacobson and Jeffrey S. Southerland on behalf of The North Carolina Granite Corporation (Jacobson, Denis) |
| Filing 671 FINANCIAL DISCLOSURE STATEMENT by PPL Electric Utilities Corporation. (Bailey, Katie) |
| Filing 670 FINANCIAL DISCLOSURE STATEMENT by Emma L. Bixby Medical Center. Associated Cases: 5:08-cv-00460-FL et al. (Brown, Gregory) |
| Filing 669 FINANCIAL DISCLOSURE STATEMENT by Thomasville Furniture Industries, Inc. (Mitchell, Charlotte) |
| Filing 668 NOTICE of Appearance by Charlotte A. Mitchell, Karen M. Kemerait, and M. Gray, Styers on behalf of Thomasville Furniture Industries, Inc. (Mitchell, Charlotte) |
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Filing 667
ORDER re #665 MOTION to Amend/Correct #625 Order on Motion for Protective Order - Expedited resolution of this motion is appropriate. Response to this motion shall be filed no later than 12/18/2011. No opportunity for reply is accorded. Signed by District Judge Louise Wood Flanagan on 12/08/2011. (Baker, C.)
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| Filing 666 Memorandum in Support re #665 MOTION to Amend/Correct #625 Order on Motion for Protective Order - Motion to Modify Order filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Smith, Christopher) |
| Filing 665 MOTION to Amend/Correct #625 Order on Motion for Protective Order - Motion to Modify Order by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Attachments: #1 Text of Proposed Order) (Smith, Christopher) |
| Filing 664 FINANCIAL DISCLOSURE STATEMENT by St. John's College (DeGeorge, R.) |
| Filing 663 FINANCIAL DISCLOSURE STATEMENT by Batesville Casket Company identifying Corporate Parent Batesville Services, Inc., Corporate Parent Hillenbrand, Inc. for Batesville Casket Company. (Mullican, Valerie) |
| Filing 662 NOTICE of Appearance by Valerie B. Mullican on behalf of Batesville Casket Company (Mullican, Valerie) |
| Filing 661 NOTICE 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., General Electric Company, 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 re #648 Order - Certain Defendants' Notice of Resolved Discovery Dispute (Dewberry, Uyless) |
| Filing 660 NOTICE of Appearance by R. Steven DeGeorge on behalf of St. John's College (DeGeorge, R.) |
| Filing 659 AFFIDAVIT of Service for Third-Party Summons, Third-Party Complaint, Scheduling Order, Plaintiffs' Objections to Test Case Program and Schedule and 2010 Case Management Order served on Emma L. Bixby Medical Center, Gencorp Inc., Parker-Hannifin Corporation, Riley Power Inc., The National Lime & Stone Company, Timken US LLC and Woodstream Corporation on November 23, 2011, filed by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A. Emma L. Bixby Medical Center, #2 Exhibit B. GenCorp Inc., #3 Exhibit C. Parker-Hannafin Corporation, #4 Exhibit D. Riley Power Inc., #5 Exhibit E. The National Lime & Stone Company, #6 Exhibit F. Timken US LLC, #7 Exhibit G. Wooodstream Corporation) (Shipley, Curtis) |
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Filing 658
ORDER denying #617 Motion for Leave to File Sur-Reply to #584 Motion for Partial Summary Judgment on De Micromis Grounds and Memorandum in Support - Signed by District Judge Louise Wood Flanagan on 12/02/2011. (Baker, C.)
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Filing 657
ORDER re MOTION for Protective Order at docket entry number 649 in case 5:08-cv-460-FL filed by West Penn Power Company and Monongahela Power Company - This matter comes before the court upon motion of defendants West Penn Power Company and Monogahela Power Company for protective order regarding the timing of depositions (DE # 649). Where the court recently entered stay of general discovery, movant has ten days from date of entry of this order to show continued necessity for decision by the court on the instant motion, as presumably this discovery is not now being sought. If ten days elapses with nothing further being heard in response to this order, the clerk of court shall without further direction mark this motion DENIED as MOOT. The clerk is DIRECTED to docket this order in both cases. Signed by District Judge Louise Wood Flanagan on 12/02/2011. (Baker, C.)
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Filing 656
ORDER granting #646 Motion to Withdraw as Attorney - The Court permits Kevin D. Margolis, Gregory J. Lucht and the law firm of Benesch, Friedlander, Coplan & Aronoff LLP to withdraw as counsel of record for Defendant Green Circle Growers, Inc. Signed by District Judge Louise Wood Flanagan on 12/02/2011. (Baker, C.)
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| Filing 655 WAIVER OF SERVICE Returned Executed by IES Commercial, Inc. filed by PCS Phosphate Company, Inc. (Story, Jane) Modified on 12/5/2011 to clarify docket entry text. (Baker, C.) |
| Filing 654 AFFIDAVIT re #628 Third Party Complaint - Service of Summons by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - Fabri-Kal Corporation) (Story, Jane) |
| Filing 653 AFFIDAVIT re #628 Third Party Complaint - Service of Summonses by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - National RR Passenger Corp., #2 Exhibit B - Babson College, #3 Exhibit C - Barnes & Powell Electrical Co., Inc., #4 Exhibit D - Batesville Casket Co., Inc., #5 Exhibit E - Bay Mechanical & Electrical Corp., #6 Exhibit F - Robert Bosch LLC, #7 Exhibit G - CEMEX Contruction Materials FL, #8 Exhibit H - City of Winston-Salem, NC, #9 Exhibit I - DACCO Inc., #10 Exhibit J - Delaware Electric Cooperative, Inc., #11 Exhibit K - E. Luke Greene Co., Inc., #12 Exhibit L - Henkels & McCoy, Inc., #13 Exhibit M - J. C. Blair Memorial Hospital, #14 Exhibit N - Davis. Jerry Inc., #15 Exhibit O - Kerr-McGee Corp., #16 Exhibit P - Magnetic Metals Corp., #17 Exhibit Q - Mass. Electric Construction Co., #18 Exhibit R - Melinz-Rebar, Inc., #19 Exhibit S - The NC Granite Corp., #20 Exhibit T - Novartis Corp., #21 Exhibit U - Ohio Valley Medical Center, Inc., #22 Exhibit V - The Rouse Company, LLC, #23 Exhibit W - Seabrook Enterprises, Inc., #24 Exhibit X - Sho-Me Power Electric Cooperative, #25 Exhibit Y - Southern Alloy Corporation, #26 Exhibit Z - Saint Augustine's College, #27 Exhibit St. John's College, #28 Exhibit BB - Tallahassee Memorial Healthcare, Inc., #29 Exhibit CC - Thomasville Furniture Industries, #30 Exhibit DD - Trinity Industries, Inc., #31 Exhibit EE - Truland Corp., #32 Exhibit FF - UPS Ground Freight, Inc.) (Story, Jane) |
| Filing 652 STIPULATION of Dismissal with Prejudice as to Environmental Protection Services, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 651 Summons Issued as to FABRI-KAL Corporation. (Baker, C.) |
| Filing 650 NOTICE by PCS Phosphate Company, Inc. re #628 Third Party Complaint - Proposed Summons (Story, Jane) |
| Filing 649 Notice of Substitution of Counsel by Christopher S. Battles on behalf of Green Circle Growers, Inc. substituting for Steven K. McCallister (Battles, Christopher) |
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Filing 648
ORDER - This court, having concluded that a stay of discovery is an effective and efficient means of managing these cases, amends its order entered November 14, 2011, at section B.1., now to provide for a stay of unrelated discovery pending decision on motions of or concerning liability of the "test case defendants", by January 15, 2012. Except as herein amended, the court's prior order remains in force and effect. Signed by District Judge Louise Wood Flanagan on 11/28/2011. (Baker, C.)
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| Filing 647 NOTICE of Appearance by Joan Wash Hartley and Marcus A. Manos on behalf of IES Commercial, Inc., and/or Integrated Electrical Services, Inc. (Hartley, Joan) |
| Filing 646 MOTION to Withdraw as Attorney by Green Circle Growers, Inc. (Attachments: #1 Text of Proposed Order) (Lucht, Gregory) |
| Filing 645 NOTICE by Imerys Carbonates, L.L.C., North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P. re #642 Response - Notice of Joinder in Objection of Certain Defendants to Schedule and Response to Plaintiffs' Objection (Babcock, Sarah) |
| Filing 644 NOTICE by Alcoa Inc., Tredegar Film Products Corporation re #642 Response - Notice of Adoption of Objection of Certain Defendants to Schedule and Response to Plaintiffs' Objection by Alcoa, Inc. and Tredegar Film Products Corporation (Fairbanks, R.) |
| Filing 643 NOTICE by Electric Equipment Corporation of Virginia re #620 Order on Motion for Leave to File - Notice of Objection to Plaintiffs' Categorization of Alleged Transactions (Erteschik, Andrew) |
| Filing 642 RESPONSE re #620 Order on Motion for Leave to File filed by Appalachian Power Company, Arkema, Inc., BASF Corporation, Cape Hatteras Electric Membership Corporation, Caterpillar Inc., Chemical Products Corporation, ConocoPhillips Company, Cooper Tire & Rubber Company, Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Equipment Corporation of Virginia, EraChem Comilog Inc., Furman University, G&S Motor Equipment Company, Inc., General Electric Company, General Extrusions Incorporated, Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., International Paper Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Jet Electric Motor Co., Inc., Kingsport Power Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Alcan Primary Products Corporation, Midamerican Energy Company, Norfolk Southern Railway Company, P. C. Campana, Inc., PPL Electric Utilities Corporation, Sara Lee Corporation d/b/a Hillshire Farms, South Central Power Company, Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Union Electric Company, Virginia Electric And Power Company. (Deak, D.) |
| Filing 641 NOTICE of Appearance by Andrew H. Erteschik on behalf of General Electric Company (Erteschik, Andrew) |
| Filing 640 NOTICE by Sara Lee Corporation d/b/a Hillshire Farms Of Objection to Plaintiffs' Categorization of Alleged Transactions (Olson, Kurt) |
| Filing 639 NOTICE of Appearance for non-district counsel by Amanda M. Knapp on behalf of Green Circle Growers, Inc. (Knapp, Amanda) |
| Filing 638 NOTICE of Appearance for non-district counsel by Robert B. Casarona on behalf of Green Circle Growers, Inc. (Casarona, Robert) |
| Filing 637 NOTICE of Appearance for non-district counsel by Laurie J. Sands on behalf of G&S Motor Equipment Company, Inc. (Sands, Laurie) |
| Filing 636 Summons Issued as to Georgia-Pacific, LLC. Counsel should print summons to effect service. (Tripp, S.) |
| Filing 635 Summonses Issued as to Emma L. Bixby Medical Center, Gencorp, Inc., Parker-Hannifin Corporation, Riley Power Inc., The National Lime and Stone Company, Timken US LLC, and Woodstream Corporation. Counsel should print summonses to effect service. (Tripp, S.) |
| Filing 634 Summons Issued as to Magnetic Metals Corporation. Counsel should print summons to effect service. (Tripp, S.) |
| Filing 633 Summonses Issued as to Babson College, Barnes & Powell Elecrical Company, Inc., Batesville Casket Company, Bay Mechanical & Electrical Corporation, CEMEX Construction Materials FL, LLC, City of Winston-Salem, North Carolina, DACCO Incorporated, Davis. Jerry Inc., Delaware Electric Cooperative, Inc., E. Luke Greene Company, Inc., FABRI-KAL Corporation, Henkels & McCoy, Inc., IES Commercial, Inc., and/or Integrated Electrical Services, Inc., J. C. Blair Memorial Hospital, Kerr-McGee Corporation, Mass. Electric Construction Co., Melinz-Rebar, Inc., National Railroad Passenger Corporation, Novartis Corporation, Ohio Valley Medical Center, Incorporated, Robert Bosch LLC, SHO-ME Power Electric Cooperative, Saint Augustine's College, Seabrook Enterprises, Inc., Southern Alloy Corporation, St. John's College, Tallahassee Memorial Healthcare, Inc., The North Carolina Granite Corporation, The Rouse Company, LLC, Thomasville Furniture Industries, Inc., Trinity Industires, Inc., Truland Corporation, UPS Ground Freight, Inc., and Villanova University in the State of Pennsylvania. Counsel should print summonses to effect service. (Tripp, S.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #617 MOTION for Leave to File Sur-Reply to Motion for Partial Summary Judgment on De Micromis Grounds and Memorandum in Support. (Baker, C.) |
| Filing 632 SECOND ADDITIONAL THIRD PARTY COMPLAINT against Georgia-Pacific LLC filed by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - Second Amended Complaint #2 Exhibits A and B to Second Amended Complaint #3 Exhibit C, Part 1 to Second Amended Complaint #4 Exhibit C, Part 2 to Second Amended Complaint, #5 Summons to Georgia-Pacific LLC) (Meynardie, Robert) Modified on 11/22/2011 to clarify docket entry text and identify exhibits. (Baker, C.) |
| Filing 631 EXHIBIT A (Underlying Second Amended Complaint) as to #630 ADDITIONAL THIRD PARTY COMPLAINT against Emma L. Bixby Medical Center, Gencorp, Inc., Parker-Hannifin Corporation, Riley Power Inc., The National Lime and Stone Company, Timken US LLC, Woodstream Corporation, filed by PCS Phosphate Company, Inc. (Attachments: #1 Exhibits A & B of Underlying Second Amended Complaint, #2 Exhibit C, part 1 of Underlying Second Amended Complaint, #3 Exhibit C, part 2 of Underlying Second Amended Complaint) (Shipley, Curtis) Modified on 11/22/2011 to clarify docket entry text and identify exhibits. (Baker, C.) |
| Filing 630 ADDITIONAL THIRD PARTY COMPLAINT against Emma L. Bixby Medical Center, Gencorp, Inc., Parker-Hannifin Corporation, Riley Power Inc., The National Lime and Stone Company, Timken US LLC, Woodstream Corporation, filed by PCS Phosphate Company, Inc. (Attachments: #1 Summons to Emma L. Bixby Medical Center, #2 Summons to Gencorp, Inc., #3 Summons to The National Lime and Stone Company, #4 Summons to Parker-Hannifin Corporation, #5 Summons to Riley Power Inc., #6 Summons to Timken US LLC, #7 Summons to Woodstream Corporation) (Shipley, Curtis) Modified on 11/22/2011 to clarify docket entry text. (Baker, C.) |
| Filing 629 NOTICE by PCS Phosphate Company, Inc. re #628 Third Party Complaint, Summons on Third Party Defendant Magnetic Metals Corporation (Story, Jane) |
| Filing 628 THIRD PARTY COMPLAINT against Babson College, Barnes & Powell Elecrical Company, Inc., Batesville Casket Company, Bay Mechanical & Electrical Corporation, CEMEX Construction Materials FL, LLC, City of Winston-Salem, North Carolina, DACCO Incorporated, Davis. Jerry Inc., Delaware Electric Cooperative, Inc., E. Luke Greene Company, Inc., FABRI-KAL Corporation, Henkels & McCoy, Inc., IES Commercial, Inc., and/or Integrated Electrical Services, Inc., J. C. Blair Memorial Hospital, Kerr-McGee Corporation, Magnetic Metals Corporation, Mass. Electric Construction Co., Melinz-Rebar, Inc., National Railroad Passenger Corporation, Novartis Corporation, Ohio Valley Medical Center, Incorporated, Robert Bosch LLC, SHO-ME Power Electric Cooperative, Saint Augustine's College, Seabrook Enterprises, Inc., Southern Alloy Corporation, St. John's College, Tallahassee Memorial Healthcare, Inc., The North Carolina Granite Corporation, The Rouse Company, LLC, Thomasville Furniture Industries, Inc., Trinity Industires, Inc., Truland Corporation, UPS Ground Freight, Inc., Villanova University in the State of Pennsylvania, filed by PCS Phosphate Company, Inc. (Attachments: #1 Exhibit A - Consolidation Coal Company Second Amended Complaint (Part 1 of 6), #2 Exhibit A - Consolidation Coal Company Second Amended Complaint (Part 2 of 6), #3 Exhibit A - Consolidation Coal Company Second Amended Complaint (Part 3 of 6), #4 Exhibit A - Consolidation Coal Company Second Amended Complaint (Part 4 of 6), #5 Exhibit A - Consolidation Coal Company Second Amended Complaint (Part 5 of 6), #6 Exhibit A - Consolidation Coal Company Second Amended Complaint (Part 6 of 6), #7 Summons on a 3rd Party - Babson College, #8 Summons on a 3rd Party - Barnes & powell Electrical Company, Inc., #9 Summons on a 3rd Party - Batesville Casket Company, Inc., #10 Summons on a 3rd Party - Bay Mechanical & Electrical Corporation, #11 Summons on a 3rd Party - Cemex Construction materials FL LLC, #12 Summons on a 3rd Party - DACCO Incorporated, #13 Summons on a 3rd Party - Davis. Jerry Inc., #14 Summons on a 3rd Party - Delaware Electric Cooperative, Inc., #15 Summons on a 3rd Party - E. Luke Greene Company, Inc., #16 Summons on a 3rd Party - Fabri-Kal Corporation, #17 Summons on a 3rd Party - Henkels & McCoy, Inc., #18 Summons on a 3rd Party - IES Commercial, Inc., #19 Summons on a 3rd Party - J. C. Blair Memorial Hospital, #20 Summons on a 3rd Party - Kerr-McGee Corporation, #21 Summons on a 3rd Party - Mass. Electric Construction Co., #22 Summons on a 3rd Party - Melinz-Rebar, Inc., #23 Summons on a 3rd Party - National Railroad Passenger Corporation, #24 Summons on a 3rd Party - The North Carolina Granite Corporation, #25 Summons on a 3rd Party - Novartis Corporation, #26 Summons on a 3rd Party - Ohio Valley Medical Center, Incorporated, #27 Summons on a 3rd Party - Robert Bosch LLC, #28 Summons on a 3rd Party - The Rouse Company, LLC, #29 Summons on a 3rd Party - Saint Augustine's College, #30 Summons on a 3rd Party - Seabrook Enterprises, Inc., #31 Summons on a 3rd Party - SHO-ME Power Electric Cooperative, #32 Summons on a 3rd Party - Southern Alloy Corporation, #33 Summons on a 3rd Party - St. John's College, #34 Summons on a 3rd Party - Tallahassee Memorial Healthcare, Inc., #35 Summons on a 3rd Party - Thomasville Furniture Industries, Inc., #36 Summons on a 3rd Party - Trinity Industries, Inc., #37 Summons on a 3rd Party - Truland Corporation, #38 Summons on a 3rd Party - UPS Ground Freight, Inc., #39 Summons on a 3rd Party - Villanova University in the State of Pennsylvania, #40 Summons on a 3rd Party - City of Winston-Salem, North Carolina) (Story, Jane) Modified on 11/21/2011 (Jones, J.). |
| Filing 627 WITHDRAWAL of Motion by Consolidation Coal Company. of CERCLA Section 107(a)(3) Claim Against Kobe Copper Products, Inc. (Darragh, Daniel) |
| Filing 626 NOTICE of Appearance by Robert A. Meynardie on behalf of PCS Phosphate Company, Inc. (Meynardie, Robert) |
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Filing 625
ORDER granting in part and denying in part #607 Motion for Protective Order - Plaintiff is directed to timely respond to Georgia Power's fourth, fifth, and sixth document requests and third, fourth, and fifth interrogatories. Georgia Power's remaining discovery requests exceed the scope of discovery, would unduly burden Plaintiff, and would cause unnecessary delay in the progress of the case. Accordingly, Plaintiff is protected from the need to respond to Georgia Power's remaining document requests and interrogatories. Signed by District Judge Louise Wood Flanagan on 11/18/11. (Tripp, S.)
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| Filing 624 NOTICE by Consolidation Coal Company re #620 Order on Motion for Leave to File - (Lists of Defendants Remaining in The Case by Transaction Category) (Attachments: #1 Exhibit A - Ward Transformer Litigation - Parties, #2 Exhibit B - Ward Transformer Litigation - Repair Parties, #3 Exhibit C - Ward Transformer Litigation - Sale Parties, #4 Exhibit D - Ward Transformer Litigation - Consignment Parties) (Darragh, Daniel) |
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Filing 622
ORDER denying #556 Motion to Compel - Signed by Magistrate Judge David W. Daniel on 11/16/2011. (Baker, C.)
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| Filing 623 RESPONSE/OBJECTIONS to #620 Order filed by Consolidation Coal Company, PCS Phosphate, Inc. (Baker, C.) |
| Motion Submitted to District Judge Louise Wood Flanagan - #584 MOTION for Partial Summary Judgment on De Micromis Grounds. (Baker, C.) |
| Filing 621 STIPULATION of Dismissal with Prejudice as to Kobe Copper Products, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
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Filing 620
ORDER granting #578 Motion for Leave to File Third-Party Complaint - The court ALLOWS defendant PCS Phosphate's motion for leave to file third-party complaint. As set forth more particularly herein, certain service and notice procedures shall be adhered to. The program of "test case defendants" is ADOPTED, subject to the limitations herein set. The schedule of the cases has been AMENDED to accommodate the program, and also to achieve the result that all Phase I discovery will be completed in advance of the filing of dispositive motions on liability. Where the court declines to stay the progress of Phase I discovery, issues in discovery as between plaintiffs and the Husch Blackwell defendants may be renewed. List shall be filed by plaintiffs, in aid to the court's record keeping, with respect to the identity and classification of defendants. Counsel should read the attached order in its entirety for additional critical deadlines and information. Signed by District Judge Louise Wood Flanagan on 11/14/2011. (Baker, C.)
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| Motions No Longer Referred to Magistrate Judge David W. Daniel - #578 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 and #607 MOTION for Protective Order. Motions submitted to District Judge Louise Wood Flanagan. (Baker, C.) |
| Filing 619 RESPONSE in Opposition re #617 MOTION for Leave to File Sur-Reply to Motion for Partial Summary Judgment on De Micromis Grounds and Memorandum in Support filed by Danny Corp., Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Fedder, Jane) |
| MOTION REFERRED to Magistrate Judge David W. Daniel - #578 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14. (Baker, C.) |
| Filing 618 REPLY to Response to Motion re #578 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 filed by PCS Phosphate, Inc. (Story, Jane) |
| MOTION REFERRED to Magistrate Judge David W. Daniel - #607 MOTION for Protective Order. (Baker, C.) |
| Filing 617 MOTION for Leave to File Sur-Reply to #584 Motion for Partial Summary Judgment on De Micromis Grounds and Memorandum in Support by PCS Phosphate, Inc. (Attachments: #1 Exhibit A - Plaintiffs' Proposed Sur-reply, #2 Exhibit 1 - Unpublished Case Law, #3 Exhibit 2 - Deposition Excerpts, #4 Exhibit 3 - Ginsberg Declaration, #5 Text of Proposed Order) (Story, Jane) |
| Filing 616 RESPONSE in Opposition re #607 MOTION for Protective Order filed by Georgia Power Company. (Reinhardt, Daniel) |
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Filing 615
ORDER granting #614 Motion for Extension of Time to File Response re #581 MOTION to Dismiss CERCLA Section 107(a)(3) Claims Against Kobe Copper Products, Inc. - Responses due by 11/14/2011. Signed by District Judge Louise Wood Flanagan on 10/14/2011. (Baker, C.)
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| Motion Submitted to District Judge Louise Wood Flanagan - #614 Consent MOTION for Extension of Time to File Response as to #586 MOTION to Dismiss Cercla 107(a)(3) Claims Against Kobe Copper Products, Inc. (Baker, C.) |
| Filing 614 Consent MOTION for Extension of Time, MOTION for Extension of Time to File Response/Reply by Kobe Copper Products, Inc. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Certificate of Service) (Olson, Kurt) |
| Filing 613 RESPONSE to Motion re #578 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 and pursuant to #601 ORDER filed by Johnson/Kerner Liaison Group, Sales Transaction Defendants Liaison. (Johnson, Keith) |
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Filing 612
ORDER memorializing October 5, 2011 telephonic status conference - Signed by Magistrate Judge David W. Daniel on 10/06/2011. (Baker, C.)
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| Filing 611 REPLY to Response to Motion re #584 MOTION for Partial Summary Judgment on De Micromis Grounds filed by Danny Corp., Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Attachments: #1 Index Exhibit Index, #2 Exhibit Ex. #1 - CONSOL001904-1906, #3 Exhibit Ex. #2 - CONSOL001945-1946, #4 Exhibit Ex. #3 - Caselaw: Christian v. Vought Aircraft Industries, Inc., #5 Exhibit Ex. #4 - Schiavone v. Ne. Utilities Serv. Co., #6 Exhibit Ex. #5 - Ward 1965 Articles of Incorporation, #7 Exhibit Ex. #6 - 02/15/11 Deposition Excerpts of Robert Ward, III, #8 Exhibit Ex. #7 - WL004691; EPA-WT004259, #9 Exhibit Ex. #8 - Sewell v. Wrap-On Co., Inc.) (Fedder, Jane) |
| Telephonic Status Conference held on 10/5/2011. Counsel in attendance - Clay Burns, Jane Fedder, Grady Shields, Jeffrey Wagenbach, Stan Green, Patricia Shields, Michael Ginsberg, Kurt Olson, Katie Bailey, Christopher Smith, Bruce White, William Pollock, Joan Hartley, Daniel Reinhart, Douglas Arnold, Locke Milhillind, Bradley Risinger, Bryan Brice, Joseph Williams, Carson Carmichael, Keith Johnson, Patrick Genzler, Timothy Bergere, Curtis Shipley, Ben Pfefferle, D.J. Camerson, Don Mitchell, Michael Byrne and Will Harkins. Parties' proposed agreement as to test case process and schedule addressed. The parties are to submit follow-up information requested by the court to Magistrate Judge David W. Daniel by Tuesday, October 11, 2011. (Baker, C.) |
| Filing 610 NOTICE of Appearance for non-district counsel by Sarah T. Babcock on behalf of Imerys Carbonates, L.L.C., North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P. (Babcock, Sarah) |
| Filing 609 NOTICE of Appearance for non-district counsel by Douglas S. Arnold on behalf of Imerys Carbonates, L.L.C., North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P. (Arnold, Douglas) |
| Filing 608 Memorandum in Support re #607 MOTION for Protective Order filed by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Attachments: #1 Exhibit A (Part 1)-Administrative Settlement Agreement and Order on Consent for Removal Action, #2 Exhibit A (Part 2)-Administrative Settlement Agreement and Order on Consent for Removal Action, #3 Exhibit A (Part 3)-Administrative Settlement Agreement and Order on Consent for Removal Action, #4 Exhibit A (Part 4)-Administrative Settlement Agreement and Order on Consent for Removal Action, #5 Exhibit B-Georgia Power's First Request for Production of Documents, #6 Exhibit C-Georgia Power's First Set of Interrogatories) (Smith, Christopher) |
| Filing 607 MOTION for Protective Order by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Attachments: #1 Text of Proposed Protective Order) (Smith, Christopher) |
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Filing 606
ORDER denying #480 Motion to Lack of Jurisdiction [Federal Rules of Civil Procedure Rule 12(b)(2)] - Signed by Chief Judge Louise Wood Flanagan on 09/29/2011. (Baker, C.) Modified on 9/30/2011 to correct docket entry text. (Baker, C.)
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Filing 605
ORDER memorializing matters addressed at 09/26/2011 telephonic discovery conference - Signed by Magistrate Judge David W. Daniel on 09/29/2011. (Baker, C.)
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Filing 604
Order - The status conference presently scheduled for Wednesday, October 5, 2011 at 9:30 a.m. will be held telephonically. Refer to the attached order for dial-in conferencing information needed to participate in the call. Signed by Magistrate Judge David W. Daniel on 09/28/2011. (Baker, C.)
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| Minute Entry for proceedings held before Magistrate Judge David W. Daniel - Telephonic Discovery Conference held on 9/26/2011. Present at conference - Christopher Smith (for CP&L); Daniel Darragh (for Consol); Michael Ginsberg (for PCS Phosphate); Daniel Reinhardt (for Georgia Power); and Joseph Nassif and Jane Fedder (for Husch Blackwell defendants). Issues discussed regarding two discovery disputes having arisen between the collective Plaintiffs, Georgia Power and Husch Blackwell defendants. Written order to follow. (Baker, C.) |
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Filing 603
ORDER granting #591 Motion for Extension of Time to File Response re #581 MOTION to Dismiss CERCLA Section 107(a)(3) Claims Against Kobe Copper Products, Inc. - Defendant KCPI, shall have an additional thirty (30) days in which to file its response to Plaintiffs' Motion. Signed by Chief Judge Louise Wood Flanagan on 09/26/2011. (Baker, C.)
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| Filing 602 Notice of Substitution of Counsel by Dan J. Jordanger on behalf of Alcoa Inc., Tredegar Film Products Corporation substituting for John A. Sheehan (Jordanger, Dan) |
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Filing 601
ORDER re #578 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 - PCS seeks leave to file third-party complaint. In response, defendants objected that PCS had not attached a proposed third-party complaint. In reply, PCS attached "Third-Party Complaint of Defendant PCS Phosphate Company, Inc.," and "Additional Third-Party Complaint of Defendant PCS Phosphate Company, Inc." The court GRANTS Defendants twenty-one (21) days from entry of this order to respond to PCS's proposed third-party complaints. The court further GRANTS PCS fourteen (14) days from entry of Defendants' response to reply. Signed by Chief Judge Louise Wood Flanagan on 09/22/2011. (Baker, C.)
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| Filing 600 STIPULATION of Dismissal Voluntary With Prejudice as to Celanese Corporation by Consolidation Coal Company. (Darragh, Daniel) |
| Motion Submitted to Chief Judge Louise Wood Flanagan - #580 MEMORANDUM AND RECOMMENDATIONS re #480 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] filed by Union Electric Company. (Baker, C.) |
| Filing 599 NOTICE of Filing by Consolidation Coal Company re #592 Memorandum in Opposition. (Darragh, Daniel) |
| Filing 598 RESPONSE re #588 Objection to Memorandum and Recommendations regarding Union Electric Company's Motion to Dismiss, filed by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 597 NOTICE by Consolidation Coal Company re #592 Memorandum in Opposition, (Exhibits AA-CC to Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment on De Micromis Grounds). (Attachments: #1 Exhibit AA - Excerpt of 54 FR 52716 (at 54 FR 52717-20) (December 21, 1989), #2 Exhibit BB - 55 FR 21023 (May 22, 1990), #3 Exhibit CC - 147 Cong. Rec. H2348-02 (May 21, 2001)) (Darragh, Daniel) |
| Filing 596 NOTICE by Consolidation Coal Company re #592 Memorandum in Opposition, (Exhibits U-Z to Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment on De Micromis Grounds). (Attachments: #1 Exhibit U - Southland transaction documents, #2 Exhibit V - Excerpt of Deposition Exhibit No. 547, #3 Exhibit W - Affidavit of Jim Griggs, #4 Exhibit X - Unimin transaction documents, #5 Exhibit Y - HR REP. 107-70(I), 2001 WL 541463 (Leg. Hist.), #6 Exhibit Z - H.R. Rep. 107 70(ii), 2001 WL 541464 (Leg. Hist.)) (Darragh, Daniel) |
| Filing 595 NOTICE by Consolidation Coal Company re #592 Memorandum in Opposition, (Exhibits R-T to Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment on De Micromis Grounds). (Attachments: #1 Exhibit R - Affidavit of Paul Jones, #2 Exhibit S - 47 FR 37342 (August 25, 1982), #3 Exhibit T - Pharmacia Corp. transaction documents) (Darragh, Daniel) |
| Filing 594 NOTICE by Consolidation Coal Company re #592 Memorandum in Opposition, (Exhibits P-Q to Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment on De Micromis Grounds). (Attachments: #1 Exhibit P - Danny Corporation transaction documents, #2 Exhibit Q - Part 1 - Northrop Gumman transaction documents, #3 Exhibit Q - Part 2 - Northrop Grumman transaction documents) (Darragh, Daniel) |
| Filing 593 NOTICE by Consolidation Coal Company re #592 Memorandum in Opposition, (Exhibits E-O to Plaintiffs' Memorandum in Opposition to Motion for Summary Judgment on De Micromis Grounds). (Attachments: #1 Exhibit E - Deposition Exhibit No. 38g, #2 Exhibit F - Excerpts from Deposition Transcript of Benjamin Rappelyea, #3 Exhibit G - Excerpts from Deposition Transcript of Frank Aguirre, #4 Exhibit H - Excerpts from Deposition Transcript of Ann Ostby, #5 Exhibit I - Excerpt from USEPA, PCBs in the United States Industrial Use and Environmental Distribution: Final Report, 2/25/1976, #6 Exhibit J - Excerpt from Requests for Admission, September 7, 2011, #7 Exhibit K - Excerpt of 63 FR 35384 (at 35403) (June 29, 1998), #8 Exhibit L - Excerpt from 2004 Remedial Investigation for Ward Site, #9 Exhibit M - Deposition Exhibit No. 206, #10 Exhibit N - Danny Corporation: Memorandum of 2/23/81 by E. Klein for Suisaman & Blumenthal re: PCB Problem, #11 Exhibit O - 66 Fed. Reg. 17602) (Darragh, Daniel) |
| Filing 592 Memorandum in Opposition re #584 MOTION for Partial Summary Judgment on De Micromis Grounds filed by Consolidation Coal Company. (Attachments: #1 Exhibit Index A-CC, #2 Exhibit A - Deposition Exhibit 119 (Affidavit of Robert E. Ward, III), #3 Exhibit B - How Transformers Operate, #4 Exhibit C - Excerpts from Deposition Transcript of Richard Brewer, #5 Exhibit D - Part 1 - Deposition Exhibit No. 37a-e, #6 Exhibit D - Part 2 - Deposition Exhibit No. 37a-e) (Darragh, Daniel) |
| Motion Submitted to Chief Judge Louise Wood Flanagan - #591 Consent MOTION for Extension of Time to File Response. (Baker, C.) |
| Filing 591 Consent MOTION for Extension of Time to File Response re #581 MOTION to Dismiss by Kobe Copper Products, Inc. (Attachments: #1 Memorandum in Support, #2 Text of Proposed Order, #3 Supplement Certificate of Service) (Olson, Kurt) |
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Filing 590
Order Setting Hearing - Status Conference set for 10/5/2011 at 9:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel to resolve outstanding issues regarding case management, including ADR and other procedures for early resolution. Participation is open to all counsel, but not mandatory. Signed by Magistrate Judge David W. Daniel on 09/08/2011. (Baker, C.)
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| Filing 589 Minute Entry for proceedings held before Magistrate Judge David W. Daniel: Status Conference held on 9/7/2011 in Raleigh. Counsel for both plaintiff and defendants present. Each side presents to the court the status of where the case stands. The Court gives advisement as to how the case needs to move forward. Another Status Conference to be held on Wednesday, October 5, 2011 at 9:30 a.m. in Raleigh - 5th Floor Courtroom. (Court Reporter FTR) (Bunn, A.) |
| Motion Submitted to Chief Judge Louise Wood Flanagan - #578 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14. (Baker, C.) |
| Filing 588 OBJECTION to #580 Memorandum and Recommendations by Union Electric Company. (Rigsby, Jesse) |
| Filing 587 REPLY to Response to Motion re #578 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 filed by PCS Phosphate, Inc. (Attachments: #1 Exhibit 1 - Proposed Third-Party Complaint of Defendant PCS Phosphate Company, Inc., #2 Exhibit 2 - Proposed Additional Third-Party Complaint of PCS Phosphate Compnay, Inc.) (Shipley, Curtis) |
| Filing 586 NOTICE by Johnson/Kerner Liaison Group, Sales Transaction Defendants Liaison - Defendants' Report and Proposed Topics for September 7, 2011 Status Conference. (Johnson, Keith) |
| Referred the Defendant's Report and Proposed Topics for the 9/7/2011 Status Conference at #586 to US Magistrate Judge David W. Daniel pursuant to his order at docket entry #546 . (Edwards, S.) |
| Filing 585 Memorandum in Support re #584 MOTION for Partial Summary Judgment on De Micromis Grounds and Statement of Undisputed Facts filed by Danny Corp., Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Attachments: #1 Exhibit Index, #2 Exhibit A - Affidavit of Eugene Klein, #3 Exhibit B - PCB Policy Memo, #4 Exhibit C - Danny Corp. Serial # 3439819, #5 Exhibit D - Paul Jones Affidavit, #6 Exhibit E - Inventory Card 1414, #7 Exhibit F - Pharmacia Corp. Serial #E-694087, #8 Exhibit G - Pharmacia Corp. Serial #13358, #9 Exhibit H - Deposition Excerpts of Frank Aguirre, #10 Exhibit I - Deposition Excerpts of Joe Richard Brewer, #11 Exhibit J - Jim Griggs affidavit, #12 Exhibit K - Southland Electrical Supply transactional documents, #13 Exhibit L - Unimin Corp. Serial #C762347, #14 Exhibit M - Unimin Corp. Serial #H525679-67K, #15 Exhibit N - Unimin Corp. Serial #T-3159, #16 Text of Proposed Order) (Fedder, Jane) |
| Filing 584 MOTION for Partial Summary Judgment on De Micromis Grounds by Danny Corp., Northrop Grumman Shipbuilding, Inc., Pharmacia Corporation, Southland Electrical Supply, Inc., Unimin Corporation. (Fedder, Jane) |
| Filing 583 RESPONSE to Motion re #578 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 filed by Johnson/Kerner Liaison Group, Sales Transaction Defendants Liaison. (Johnson, Keith) |
| Filing 582 Memorandum in Support re #581 MOTION to Dismiss CERCLA Section 107(a)(3) Claims Against Kobe Copper Products, Inc. filed by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 581 MOTION to Dismiss CERCLA Section 107(a)(3) Claims Against Kobe Copper Products, Inc. by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel) |
| Filing 580 MEMORANDUM AND RECOMMENDATIONS re #480 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] filed by Union Electric Company - It is hereby RECOMMENDED that Defendant Union Electric's motion to dismiss for lack of personal jurisdiction be DENIED. Objections due by 9/2/2011. Signed by Magistrate Judge David W. Daniel on 08/16/2011. (Attachments: #1 Notice) (Baker, C.) |
| Filing 579 Memorandum in Support re #578 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 filed by PCS Phosphate, Inc. (Story, Jane) |
| Filing 578 MOTION for Leave to File Third-Party Complaint Pursuant to Rule 14 by PCS Phosphate, Inc. (Attachments: #1 Text of Proposed Order) (Story, Jane) |
| Filing 577 Notice of Substitution of Counsel by Katie L. Bailey on behalf of PPL Electric Utilities Corporation substituting for P. Leigh Bausinger. (Bailey, Katie) |
| Filing 576 STIPULATION of Dismissal With Prejudice of Defendant T&R Electric Supply Company, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 575 NOTICE by PCS Phosphate, Inc. (Shipley, Curtis) |
| Filing 574 OREDER - This matter is before the Court for the purpose of scheduling a conference to further discuss potential ADR and early resolution procedures. The conference will be held on Wednesday, August 3, 2011 at 10:30 a.m. in the 5th Floor Courtroom of the Terry Sanford Federal Building in Raleigh, North Carolina. Participation is open to all counsel, but attendance is not mandatory. The parties are invited to submit proposals for discussion, which may be emailed no later than July 27, 2011 to Documents_Judge_Daniel@nced.uscourts.gov. Signed by Magistrate Judge David W. Daniel on 06/21/2011. (Baker, C.) |
| Filing 573 Minute Entry for proceedings held before Magistrate Judge David W. Daniel in Raleigh, NC - Status Conference held on 6/21/2011. Issues bearing on potential for alternative dispute resolution measure and other early resolution procedures addressed. Counsel for parties to meet July 7, 2011 to continue discussions. Court sets next conference for August 3, 2011 at 10:30 a.m. Written order to follow. (Baker, C.) |
| Filing 572 STIPULATION of Dismissal Without Prejudice as to International Power Machinery Company by Consolidation Coal Company. (Darragh, Daniel) |
| MOTION REFERRED to Magistrate Judge David W. Daniel - #556 MOTION to Compel Production of Certain Un-Redacted Documents. (Baker, C.) |
| Minute Entry for proceedings held before Magistrate Judge David W. Daniel - Telephonic Discovery Hearing held on 6/9/2011. Present at conference - Christopher Smith (counsel for CP&L); Michael Ginsberg and Jane Story (counsel for PCS); Julie Vanneman (counsel for Consolidation Coal); Lock Mulholland (counsel for Hudson Light and Power); and Kurt Olson and Skip Kropp (counsel for Environmental Protection Services, Inc. Issues bearing on disputes in discovery addressed. Written order to follow. (Baker, C.) |
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Filing 571
ORDER memorializing conference as to discovery disputes - Counsel should review attached order in its entirety for additional critical information and deadlines. Signed by Magistrate Judge David W. Daniel on 06/09/11. (Baker, C.)
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| Filing 570 REPLY to Response to Motion re #558 Joint MOTION for Discovery and Memorandum to Extend Deadlines for Disclosure of Expert Testimony, for Completion of Phase I Discovery, and for Dispositive Motions filed by Consolidation Coal Company. (Attachments: #1 Exhibit A - Notice of Deposition of Broad River, #2 Exhibit B - Broad River's Objections to Notice of Deposition, #3 Exhibit C - Notice of Deposition of DIxon Lumber, #4 Exhibit D - Dixon Lumber's Objections to Notice of Deposition, #5 Exhibit E - Notice of Deposition of Guernsey-Muskingum, #6 Exhibit F - Notice of Deposition of Carr & Duff, #7 Exhibit G - Notice of Deposition of Appalachian Power, #8 Exhibit H - Notice of Deposition of Duquesne Light) (Darragh, Daniel) |
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Filing 569
ORDER granting in part #558 Motion to Extend Discovery Deadlines and granting #568 Motion for Leave to File Reply - Plaintiffs are directed to promptly file their reply, which the Court has considered in ruling on the motion to extend deadlines. The Court will extend the expert deadlines by 90 days: reports from retained experts shall be disclosed no later than September 30, 2011, and reports from rebuttal experts shall be disclosed no later than December, 30, 2011. The Court will consider further extension of the expert deadlines and extension of the discovery and dispositive motions deadlines at the September 7, 2011 status conference. Signed by Magistrate Judge David W. Daniel on 06/09/2011. (Baker, C.)
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| MOTION REFERRED to Magistrate Judge David W. Daniel - #568 MOTION for Leave to File Reply to Defendants' Response in Opposition to Plaintiffs' Motion to Extend Deadlines. (Baker, C.) |
| Filing 568 MOTION for Leave to File Reply to Defendants' Response in Opposition to Plaintiffs' Motion to Extend Deadlines by Consolidation Coal Company. (Attachments: #1 Exhibit Reply to Defendants' Response in Opposition to Plaintiffs' Motion to Extend Deadlines, #2 Exhibit A - Notice of Deposition of Broad River, #3 Exhibit B - Broad River's Objections to Notice of Deposition, #4 Exhibit C - Notice of Deposition of Dixon Lumber, #5 Exhibit D - Dixon Lumber's Objections to Notice of Deposition, #6 Exhibit E - Notice of Deposition of Guernsey-Muskingum, #7 Exhibit F - Notice of Deposition of Carr & Duff, #8 Exhibit G - Notice of Deposition of Appalachian Power, #9 Exhibit H - Notice of Deposition of Duquesne Light, #10 Text of Proposed Order) (Darragh, Daniel) |
| Filing 567 STATUS REPORT (Joint) by Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Darragh, Daniel) |
| MOTION REFERRED to Magistrate Judge David W. Daniel - #558 MOTION to Extend Deadlines for Disclosure of Expert Testimony, for Completion of Phase I Discovery, and for Dispositive Motions. (Baker, C.) |
| Motions Submitted to Chief Judge Louise Wood Flanagan - #556 MOTION to Compel and #558 MOTION to Extend Deadlines for Disclosure of Expert Testimony, for Completion of Phase I Discovery, and for Dispositive Motions. (Baker, C.) |
| Filing 566 NOTICE of Appearance by Curtis J. Shipley on behalf of PCS Phosphate, Inc. (Shipley, Curtis) |
| Filing 565 Notice of Substitution of Counsel by Meaghan G Boyd on behalf of Imerys Carbonates, L.L.C., North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P. substituting for Shelly Jacobs Ellerhorst. (Boyd, Meaghan) |
| Filing 564 RESPONSE in Opposition re #558 Joint MOTION for Discovery and Memorandum to Extend Deadlines for Disclosure of Expert Testimony, for Completion of Phase I Discovery, and for Dispositive Motions filed by Johnson/Kerner Liaison Group, Sales Transaction Defendants Liaison. (Attachments: #1 Exhibit A - Email Correspondence, #2 Exhibit B - Wooten v. CL, LLC, et al., 2010 U.S. Dist. Lexis 138130 (E.D.N.C. 2010)) (Johnson, Keith) |
| Filing 563 RESPONSE in Opposition re #556 MOTION to Compel Production of Certain Un-Redacted Documents filed by Consolidation Coal Company. (Attachments: #1 Exhibit A - Letter from Jane Fedder dated 4/22/11, #2 Exhibit B - Excerpts from Deposition of B. Rappleyea, 10/26/10, #3 Exhibit C - E-mail from R. Brewer at CONSOL 002053, #4 Exhibit D - Excerpts from Deposition of R. Ward, III, 2/16/11) (Darragh, Daniel) |
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Filing 562
ORDER granting #560 Motion to Withdraw as Attorney - Attorney Curtis L. Bentz terminated as counsel for defendant Buist Electric, Inc. Signed by Chief Judge Louise Wood Flanagan on 05/24/2011. (Baker, C.)
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| Filing 561 STIPULATION of Dismissal With Prejudice as to Peace College of Raleigh, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 560 MOTION to Withdraw as Attorney by Buist Electric Inc. (Attachments: #1 Text of Proposed Order) (Bentz, Curtis) |
| Motion Submitted to Chief Judge Louise Wood Flanagan - #560 MOTION to Withdraw as Attorney. (Baker, C.) |
| Filing 559 STIPULATION of Dismissal with Prejudice as to Bayer CropScience, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 558 Joint MOTION for Discovery and Memorandum to Extend Deadlines for Disclosure of Expert Testimony, for Completion of Phase I Discovery, and for Dispositive Motions by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel) |
| NOTICE OF DEFICIENCY re: #550 Notice of Substitution of Counsel - Pursuant to Local Civil Rule 83.1(g), counsel may not withdraw his appearance or have it stricken from the record except with leave of court. Substitution of counsel is only permitted if an attorney within the same firm replaces counsel for a new party. Mr. Johnson's appearance has been noted on the court's docket. Mr. Bentz's appearance will also remain pending filing of an appropriate motion seeking leave to withdraw as counsel. (Baker, C.) |
| Filing 557 Memorandum in Support re #556 MOTION to Compel Production of Certain Un-Redacted Documents filed by Florida Power & Light Company. (Attachments: #1 Exhibit A - 11/14/2010 Deposition Excerpts of Richard Brewer, #2 Exhibit B - 02/16/2011 Deposition Excerpts of Robert E. Ward III, #3 Exhibit C - 09/29/2010 Deposition Excerpts of Richard Brewer, #4 Exhibit D - 10/12/2010 Deposition Excerpts of Ann Ostby, #5 Exhibit E - 10/13/2010 Depositioni Excerpts of Joe Hicks, #6 Exhibit F - 10/26/2010 Deposition Excerpts of Benjamin Rappleyea, #7 Exhibit G - Consol002635-2639, #8 Exhibit H - Plaintiffs' Answers to Defs Revised Initial Irrogs, #9 Exhibit I - Plaintiffs' Status Report 04/15/11, #10 Exhibit J - 10/26/10 Deposition Excerpts of Frank Aguirre, #11 Exhibit K - 12/15/2010 Deposition Excerpts of Benjamin Rappleyea, #12 Exhibit L - FPL's First Requests for Production, #13 Exhibit M - 01/21/11 Email from D. Darragh to J. Fedder, #14 Exhibit N - Plaintiffs' Answers to FPL's Requests for Production, #15 Exhibit O- 05/05/11 Letter from D. Darragh, #16 Exhibit P - Consol001901-1905, #17 Exhibit Q - Consol001945, #18 Exhibit R - Consol000604-605, #19 Exhibit S- Consol000968-969, #20 Exhibit T - Consol002736-2738; Consol001275-1286, #21 Exhibit U - Consol001013-1035 & Consol001882-1896, #22 Exhibit V - Consol000559-560, #23 Exhibit W - Consol000725; Consol000968-969; Consol002135, #24 Exhibit X - Consol Privilege Log, #25 Exhibit Y - CP&L Privilege Log, #26 Exhibit Z - 12/14/10 Frank Aguirre Deposition Excerpts, #27 Exhibit AA - Unpublished Authority Relied Upon, #28 Plaintiffs' Exhibit 36 - Ward Transformer Glossary of Terms, #29 Plaintiffs' Exhibit 45 - Release Pathways, #30 Plaintiffs' Exhibit 45a - HV Bushing Repair Release Pathways, #31 Plaintiffs' Exhibit 45b - Coil Repair/Rewind Release Pathways, #32 Plaintiffs' Exhibit 45C Tap Changer repair Release Pathways, #33 Plaintiffs' Exhibit 85 - Ann Ostby's Additions to Exhibit 45 Release Pathways, #34 Plaintiffs' Exhibit 86 - Ann Ostby's amendment to Exhibit 45a HV Bushing Repair Release Pathways, #35 Plaintiffs' Exhibit 87 - Joe Hick's additions to Exhibit 85 Release Pathways Exhibit 45) (Fedder, Jane) |
| Filing 556 MOTION to Compel Production of Certain Un-Redacted Documents by Florida Power & Light Company. (Attachments: #1 Text of Proposed Order) (Fedder, Jane) |
| NOTICE of Filing of Official Transcript DE #555 - Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Baker, C.) |
| Filing 555 OFFICIAL TRANSCRIPT OF STATUS CONFERENCE Proceedings held on 4/27/2011, before Judge Daniel. Transcriber Janice Russell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 5/31/2011. Redacted Transcript Deadline set for 6/10/2011. Release of Transcript Restriction set for 8/8/2011. Associated Cases: 5:08-cv-00460-FL et al. (Steele, F.) |
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Filing 553
ORDER - This matter comes now before the court upon notice of continuing issues in discovery raised most recently by counsel for defendant Florida Power & Light in email of today's date. In this instance the complaining party is relieved of necessity for any teleconference in advance of filing discovery motion where the court has determined briefing on the issues will advance the court's address of the disputed issues. Signed by Chief Judge Louise Wood Flanagan on 05/06/2011. (Baker, C.)
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| Filing 552 NOTICE of Appearance for non-district counsel by Keith P. McManus on behalf of Kraft Foods Global, Inc. (McManus, Keith) |
| Filing 551 NOTICE of Appearance for non-district counsel by Keith P. McManus on behalf of 3M Company (McManus, Keith) |
| Filing 550 Notice of Substitution of Counsel by Keith Harrison Johnson on behalf of Buist Electric Inc. substituting for Curtis L. Bentz of Battle, Winslow, Scott & Wiley, PA. (Johnson, Keith) |
| **** Set Hearing - Conference set to further discuss potential ADR procedures per #547 ORDER for 6/21/2011 09:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. (Baker, C.) |
| Filing 549 OFFICIAL TRANSCRIPT OF HEARING ON UNION ELECTRIC COMPANY'S MOTION TO DISMISS FOR LACK OF JURISDICTION Proceedings held on 4/27/2011, before Judge Daniel. Transcriber Janice Russell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 5/23/2011. Redacted Transcript Deadline set for 6/2/2011. Release of Transcript Restriction set for 7/31/2011. Associated Cases: 5:08-cv-00460-FL et al. (Steele, F.) |
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Filing 548
ORDER granting #529 Motion for Extension of Time for Filing Motions to Compel and for Leave to Join Additional Parties and Amend Pleadings - Signed by Magistrate Judge David W. Daniel on 5/2/11. (Tripp, S.)
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| **** Set Hearing - Status Conference set for 9/7/2011 at 09:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel per #546 ORDER. (Baker, C.) |
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Filing 547
ORDER: ADR Conference set for 6/21/2011 at 9:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. Counsel may submit proposals for discussion by 6/14/2011. Counsel should refer to Order for critical information - Signed by Magistrate Judge David W. Daniel on 4/28/11. (Tripp, S.)
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Filing 546
ORDER: Status Conference set for 9/7/2011 at 9:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. Counsel should refer to Order for critical information - Signed by Magistrate Judge David W. Daniel on 4/28/11. (Tripp, S.)
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| MOTION REFERRED: #529 MOTION for Extension of Time for Filing Motions to Compel and For Leave to Join Additional Parties and Amend Pleadings - Motion referred to Magistrate Judge David W. Daniel. (Tripp, S.) |
| Filing 545 Exhibit List from Motion Hearing held 4/27/2011 before US Magistrate Judge David W. Daniel. (Marsh, K) |
| Filing 544 Minute Entry for proceedings held before Magistrate Judge David W. Daniel: Motion Hearing held in Raleigh on 4/27/2011 re #480 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] filed by Union Electric Company. Counsel for plaintiff and defendants present. Written order to follow. (Court Reporter FTR) (Marsh, K) |
| Filing 543 Minute Entry for proceedings held before Magistrate Judge David W. Daniel: Status Conference held on 4/27/2011 in Raleigh. Counsel for plaintiff and defendants present. (Court Reporter FTR) (Marsh, K) |
| Filing 542 NOTICE by Union Electric Company re #480 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] Notice of Filing (Attachments: #1 Exhibit Excerpts from Brewer deposition, #2 Exhibit Excerpts from Ward deposition, #3 Exhibit Ward documents, #4 Affidavit Affidavit of Gerald Waters) (Rigsby, Jesse) |
| Filing 541 NOTICE of Filing by Consolidation Coal Company, PCS Phosphate, Inc. re #491 Memorandum in Opposition. (Attachments: #1 Exhibit 1 - Ward Transformer nexus documents for Union Electric, #2 Exhibit 2 - Nov. 25, 2009 Affidavit of Robert E. Ward, III, #3 Exhibit 3 - Excerpts from Sept. 29. 2010 and Nov. 4, 2010 depositions of Joe Richard Brewer) (Darragh, Daniel) |
| Filing 540 STIPULATION by and among Plaintiffs and Union Electric Company re: admissible evidence for evidenciary hearing on personal jurisdiction by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 539 NOTICE of Appearance by Donald B. Mitchell, Jr on behalf of Electric Equipment Corporation of Virginia (Mitchell, Donald) |
| Filing 538 STIPULATION of Dismissal With Prejudice as to Niagara Mohawk Corporation d/b/a National Grid by Consolidation Coal Company. (Darragh, Daniel) |
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Filing 537
ORDER granting #521 Motion to Approve the Use of a Qualified Settlement Fund. Counsel should refer to the Order for critical information - Signed by Chief Judge Louise Wood Flanagan on 4/13/2011. (Tripp, S.)
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| Filing 536 FINANCIAL DISCLOSURE STATEMENT by Northrop Grumman Shipbuilding, Inc. (Ellerhorst, Shelly) |
| NOTICE OF DEFICIENCY re: #535 Motion to Withdraw as Attorney (corrected title: Notice of Substitution of Counsel) - No Certificate of Service attached. CM/ECF Policy Manual, Section F(3) (located on Court Website) states that all documents filed using CM/ECF shall include a certificate of service identifying the manner in which the service on each party was accomplished. You must either refile document or file separately captioned document labeled Certificate of Service using Civil Event - Service of Process - Certificate of Service. (Lee, B.) |
| Filing 535 NOTICE of Substitution of Counsel by Cogentrix Energy, L.L.C. (Knaub, Zackary) Modified on 4/5/2011 to correct docket entry text (Baker, C.). |
| Filing 534 STATUS REPORT (Joint Monthly) by Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL. (Darragh, Daniel) |
| Filing 533 NOTICE of Withdrawal of Counsel (Eversman) by G&S Motor Equipment Company, Inc. (Gifford, William) |
| Motion Submitted: #521 MOTION to Approve Use of Qualified Settlement Fund submitted to Chief Judge Flanagan. (Baker, C.) |
| Filing 532 RESPONSE to Motion re #529 MOTION for Extension of Time for Filing Motions to Compel and For Leave to Join Additional Parties and Amend Pleadings By All Defendants, filed by Alcoa Inc., American Electric Corporation, American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., CBS Corporation, CHRISTUS Health Northern Louisiana, CSX Residual Company, Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Carr & Duff, Inc., Caterpillar Inc., Celanese Corporation, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Chevron Mining, Inc., City of Dover, Delaware, City of Mascoutah, Illinois, Cleveland Electric Company, Cogentrix Energy, L.L.C., Cohen and Green Salvage Company, Inc., ConocoPhillips Company, Consumers Energy Company, Cooper Industries, Inc., Cooper Tire & Rubber Company, Cotter Electric Company, Danny Corp., Dean's Light Box Inc., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Dorey Electric Company, Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Endicott Clay Products Company, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, G&S Motor Equipment Company, Inc., GKN Driveline North American, Inc., General Electric Company, General Extrusions Incorporated, Georgia Power Company, Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Hagerstown Light Department, Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Huntsville Utilities, Imerys Carbonates, L.L.C., Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Jet Electric Motor Co., Inc., Johnson/Kerner Liaison Group, Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries Inc., Kraft Foods Global, Inc., LWB Refractories Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lewis Electric Supply Co., Inc., Lockwood's Electric Motor Service, M-P Electrical Contractors, Inc., Martin Marietta Materials, Inc., 3M Company, Alcan Primary Products Corporation, Midamerican Energy Company, Monongahela Power Company, NL Industries, Inc., New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation d/b/a National Grid, Norfolk Southern Railway Company, North Carolina Department of Agriculture and Consumer Services, North Carolina State University is a constituent of the University of North Carolina, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Owen Electric Steel Company of South Carolina, Owen Electric Steel Company of South Carolina, and/or SMI Owen Steel complany, Inc., and/or SMI Steel, P. C. Campana, Inc., PPL Electric Utilities Corporation, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Peace College of Raleigh, Inc., Pharmacia Corporation, Phoenix Solutions Company, Potamac Electric Power Company, Power Machinery Company, Royal Street Junk Company, Inc., Sales Transaction Defendants Liaison, Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Surry Yadkin Electric Membership Corporation, T and R Electric Supply Company, Inc., Tennessee Associated Electric, Inc. or Tennessee Associated Electric, Tennessee Electro-Minerals Inc., Tennessee Valley Authority, The Central Intelligence Agency, The City of Lakeland, Florida, Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock Industries Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, Union Electric Company, United States Defense Logistics Agency, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy, United States Environmental Protection Agency, United Technologies Corporation, Pratt & Whitney Division, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Veolia Environmental Services Waste-to-Energy, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., W. R. Schofield Construction Co., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company, Wheelabrator Technologies, Inc.. (Johnson, Keith) |
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Filing 531
ORDER denying #434 Motion to Strike and Motion for Sanctions - Signed by Magistrate Judge David W. Daniel on 03/23/2011. (Baker, C.)
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| Minute Entry for proceedings held before Magistrate Judge David W. Daniel: Status Conference held on 3/23/2011 in Raleigh, NC. Present at conference - Daniel Darragh, Jane Fedder, Joseph Nassif, Bryan Brice, Kurt Olson, and Michael Youth. Discussion held as to issues bearing on alternative dispute resolution in follow up to telephonic conference proceeding held 02/23/2011. (Baker, C.) |
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Filing 530
ORDER granting #528 Motion to Continue - The hearing on Union Electric Company's renewed motion to dismiss for lack of personal jurisdiction will be continued to April 27, 2011 at 9:30 a.m. in the 5th floor courtroom of the Terry Sanford Federal Building in Raleigh, North Carolina. Signed by Magistrate Judge David W. Daniel on 03/23/2011. (Baker, C.)
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| MOTION REFERRED: #528 Consent MOTION to Continue Hearing on Union Electric Company's Motion to Dismiss referred to Magistrate Judge David W. Daniel. (Baker, C.) |
| Reset Hearing as to #480 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)]. Motion Hearing reset for 4/27/2011 at 09:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. (Baker, C.) |
| Filing 529 MOTION for Extension of Time for Filing Motions to Compel and For Leave to Join Additional Parties and Amend Pleadings by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel) |
| Filing 528 Consent MOTION to Continue Hearing on Union Electric Company's Motion to Dismiss by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel) |
| Filing 527 STIPULATION of Dismissal Without Prejudice as to New Southern of Rocky Mount, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
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Filing 526
Order Resetting Hearing - Status Conference reset for 4/27/2011 at 09:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. Signed by Magistrate Judge David W. Daniel on 03/10/2011. (Baker, C.)
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Filing 525
ORDER Setting Hearing on Motion re #480 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] : Motion Hearing set for 3/30/2011 at 10:00 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. Signed by Magistrate Judge David W. Daniel on 03/10/2011. (Baker, C.)
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| MOTION REFERRED: #480 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] referred to Magistrate Judge David W. Daniel. (Baker, C.) |
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Filing 524
Order Resetting Hearing - Status Conference reset for 4/19/2011 at 09:30 AM in Raleigh - 5th Floor Courtroom before Magistrate Judge David W. Daniel. Only plaintiffs' counsel and defendants' liaison counsel shall be required to attend, and a recording of the status conference will be made available upon request. The parties are invited to submit proposed topics for discussion, which may be emailed to Documents_Judge_Daniel@nced.uscourts.gov no later than April 8, 2011. Signed by Magistrate Judge David W. Daniel on 03/04/2011. (Baker, C.)
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| Filing 523 STATUS REPORT (Joint) by Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Darragh, Daniel) |
| Filing 522 NOTICE of Appearance for non-district by Julie Wallace Vanneman on behalf of Consolidation Coal Company (Attachments: #1 ECF Form) (Vanneman, Julie) |
| Filing 521 MOTION to Approve Use of Qualified Settlement Fund by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel) |
| Filing 520 STIPULATION of Dismissal with Prejudice as to Trap Rock Industries, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
| NOTICE OF DEFICIENCY re: #519 Notice of Appearance for Non-District Counsel - Notice of Appearance must be filed by the party notifying court of his/her appearance in action. In order for out of state counsel to associate with this case and receive electronic notifications he/she must sign and file Notice of Appearance. Counsel, see Section J.2 (Special Appearance) of the Policy Manual, Section J.2 and correctly refile document. (Lee, B.) |
| Filing 519 NOTICE of Appearance for non-district counsel Julie W. Vanneman on behalf of Consolidation Coal Company (Attachments: #1 ECF Registration Form) (Darragh, Daniel) |
| Minute Entry for proceedings held before Magistrate Judge David W. Daniel: Telephone Conference held on 2/23/2011. Present at conference - Daniel Darragh, Jane Fedder, Joseph Nassif, Bryan Brice and Kurt Olson. Status of alternative dispute resolution addressed. (Baker, C.) |
| Filing 518 NOTICE of Withdrawal of Counsel by Georgia Power Company (Hayward, Jeffrey) Modified on 2/15/2011 to clarify docket entry text (Baker, C.). |
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Filing 517
ORDER - This matter comes before the court upon inquiry of defense counsel, Jane Fedder, relating to the conduct of a deposition scheduled to commence tomorrow afternoon. The request at hand implicitly seeks the court now to compel a document, and address the propriety of anticipated claimed privilege, in the context of a deposition scheduled to begin in about twenty-four (24) hours. If the dispute arises, as anticipated, the parties may attempt to call Magistrate Judge David W. Daniel at the United States Courthouse at New Bern. He may or may not be able to assist also in this case. The court regrets that more notice was not given. If Judge Daniel determines that the dispute is not susceptible to telephonic resolution, he shall notify the parties on this court's behalf, and direct formal briefing. Signed by Chief Judge Louise Wood Flanagan on 02/14/2011. Copies served electronically. (Baker, C.)
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Filing 516
ORDER - This matter is before the Court on the request of the parties, made at the January 13, 2011 status conference in these cases, to extend the deadline for filing motions for leave to join parties and amend pleadings. [CP&L DE-503 & 504; Consolidated DE-501 & 502.] For good cause shown, the request is GRANTED and the deadline for filing motions for leave to join parties and to amend pleadings is extended to April 30, 2011. Signed by U.S. Magistrate Judge David W. Daniel on 02/08/2011. Copies served electronically. (Baker, C.).
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| Filing 515 NOTICE of Appearance by D. Martin Warf, Andrea L. Rimer, D. Kyle deak and Patricia P. Shields on behalf of Virginia Electric And Power Company. (Warf, D.) |
| Filing 514 NOTICE of Appearance for non-district by Stephen Eric Rumanek on behalf of Georgia Power Company (Rumanek, Stephen) |
| Filing 513 OFFICIAL TRANSCRIPT of STATUS CONFERENCE Proceedings held on 1/13/2011, before Judge Daniel. Transcriber Janice Russell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 2/28/2011. Redacted Transcript Deadline set for 3/10/2011. Release of Transcript Restriction set for 5/8/2011. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Steele, F.) |
| Filing 512 STATUS REPORT (Joint) by Consolidation Coal Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (Darragh, Daniel) |
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Filing 511
ORDER re #503 Order - It has come to the Court's attention that further definition of certain terms used in the Courts order may assist the parties in effectuating the directives of the Order. See attached Order containing definition specifics. To the extent there is a disagreement between the parties regarding any interpretation of the Court's order, the parties are directed to raise those issues via an informal request to the undersigned for a teleconference. Signed by US Magistrate Judge David W. Daniel on 02/03/2011. Copies served electronically. (Baker, C.)
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| Filing 510 NOTICE of Change of Address by William W. Pollock (Pollock, William) |
| Filing 509 STIPULATION of Dismissal With Prejudice as to Town of Blackstone, Virginia by Consolidation Coal Company. (Darragh, Daniel) |
| Minute Entry for proceedings held before U.S. Magistrate Judge David W. Daniel: Telephonic Discovery Conference held on 1/24/2011. Present at conference - Jane Fedder and Joseph Nassif (counsel for Florida Power & Light Co.); Chris Smith (counsel for CP&L); Daniel Darragh and Julie Vanneman (counsel for Consolidation Coal); and, Michael Ginsberg (counsel for PCS Phosphate). Issues related to discovery dispute between parties addressed. Parties able to resolve the issues in dispute, but Florida Power & Light Co. preserves the right to file timely a motion to compel if necessary. (Baker, C.) |
| Filing 508 NOTICE by NL Industries, Inc. of Service of Offer of Judgment (Herz, Joel) |
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Filing 507
ORDER granting #498 Motion to Withdraw as Attorney - Attorney Reid C. Adams, Jr. terminated as counsel for Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation. Signed by Chief Judge Louise Wood Flanagan on 01/18/2011. Copies served electronically. (Baker, C.)
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Filing 506
ORDER granting #497 Motion to Withdraw as Attorney - David Mazza terminated as counsel for Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation. Signed by Chief Judge Louise Wood Flanagan on 01/18/2011. Copies served electronically. (Baker, C.)
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| Filing 505 Notice of Substitution of Counsel by Whitney Sarah Waldenberg on behalf of Georgia Power Company substituting for Gavin Parsons (Waldenberg, Whitney) |
| Filing 504 Minute Entry for proceedings held before US Magistrate Judge David W. Daniel: Status Conference held on 1/13/2011 in 5th floor courtroom - Raleigh. Parties discuss issues related to scheduling, depositions, discovery, summary judgment, extension of deadlines and ADR. Written order to follow. (Court Reporter FTR) (Marsh, K) |
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Filing 503
ORDER re #330 , #331 , #332 , #341 , #350 , #358 , and #359 - The parties are ORDERED to respond to the initial document requests and interrogatories in conformity with the attached order no later than February 22, 2011. Signed by U.S. Magistrate Judge David W. Daniel on 01/13/2011. Copies served electronically. (Baker, C.)
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| Filing 502 STATUS REPORT and Proposed Topics for Discussion at the January 13, 2011 Status Conference by Virginia Electric And Power Company. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Deak, D.) |
| Filing 501 STATUS REPORT and Proposed Topics for Discussion at the January 13, 2011 Status Conference by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 500 STIPULATION of Dismissal with Prejudice as to City of Dover, Delaware by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 499 STIPULATION of Dismissal with Prejudice as to Wartburg College by Consolidation Coal Company. (Darragh, Daniel) |
| Motions Submitted: #480 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)], #497 MOTION to Withdraw as Attorney, and #498 MOTION to Withdraw as Attorney submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 498 MOTION to Withdraw as Attorney by Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation. (Attachments: #1 Text of Proposed Order) (Adams, Reid) |
| Filing 497 MOTION to Withdraw as Attorney by Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation. (Attachments: #1 Text of Proposed Order) (Mazza, David) |
| Filing 496 STIPULATION of Dismissal with Prejudice as to Nucor Corporation by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 495 STIPULATION of Dismissal with Prejudice as to Foremost Electric & Transmission, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 494 Notice of Substitution of Counsel by Kurt J. Olson on behalf of Veolia Environmental Services Waste-to-Energy substituting for David Mazza (Olson, Kurt) |
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Filing 493
Order Setting Hearings - Status Conference set for 1/13/2011 at 09:00 AM in Raleigh - 5th Floor Courtroom before U.S. Magistrate Judge David W. Daniel. Signed by U.S. Magistrate Judge David W. Daniel on 12/16/2010. Copies served electronically. (Baker, C.)
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| Filing 492 NOTICE of Appearance by Uyless M. Dewberry on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill Incorporated, Celanese Corporation, Consumers Energy Company, Danny Corp., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Electric Control Equipment Company, Florida Power & Light Company, General Electric Company, Gladieux Trading & Marketing Company, L.P., LWB Refractories Company, Occidental Chemical Corporation, Potamac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division, Washington Suburban Sanitary Commission (Dewberry, Uyless) |
| Filing 491 Memorandum in Opposition re #480 MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] MOTION to Dismiss for Lack of Jurisdiction [F.R.C.P. Rule 12(b)(2)] PEC, Consol and PCS' Joint Memorandum in Opposition filed by Consolidation Coal Company. (Attachments: #1 Exhibit A - Ward Records, #2 Exhibit B - Excerpts from Deposition of J. Richard Brewer, 9/29/10, #3 Exhibit C - Excerpts from the Deposition of J. Richard Brewer, 11/4/10, #4 Exhibit D - Excerpts from the Affidavit of Robert E. Ward, III, 11/25/09, #5 Exhibit E - Union Electric's Response to Plaintiffs' Request for Production of Documents, #6 Exhibit F - Union Electric's Answers and Objections to Plaintiffs' Interrogatories, #7 Exhibit G - Manley v. Air Canada, 2010 WL 4852365, unpublished case, #8 Exhibit H, United States v. American Cyanamid Company, Inc., 1997 U.S. Dist. LEXIS 4413, unpublished case) (Darragh, Daniel) |
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Filing 490
ORDER granting #489 Motion to Withdraw as Attorney - John S. Slosson and Julia S. Bright of Nelson Mullins Riley & Scarborough LLP are permitted to withdraw as counsel of record for Electric Equipement Corporation of Virginia and Jospeh G. Nassif and Jane E. Fedder of Husch Blackwell, LLP are permitted to withdraw as Local Rule 83.1 special counsel. Signed by Chief Judge Louise Wood Flanagan on 12/13/2010. Copies served electronically. (Baker, C.)
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| Motion Submitted: #489 MOTION to Withdraw as Attorney submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Remark re Motion Submitted 12/09/2010 - #480 MOTION to Dismiss was inadvertently submitted prior to the expiration of the response period designated in the Court's Case Management Order at docket entry #327 . Motion submission is withdrawn pending expiration of the briefing period. (Baker, C.) |
| Motion Submitted: #480 MOTION to Dismiss for Lack of Jurisdiction submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 489 MOTION to Withdraw as Attorney of record for John S. Slosson and Julia S. Bright, Nelson Mullins Riley & Scarborough, LLP and Joseph G. Nassif and Jane E. Fedder, Husch Blackwell, LLP by Electric Equipment Corporation of Virginia. (Attachments: #1 Text of Proposed Order) (Fedder, Jane). |
| Filing 488 NOTICE of Appearance for non-district counsel by Patricia Leigh Bausinger on behalf of Niagara Mohawk Power Corporation d/b/a National Grid, PPL Electric Utilities Corporation, Trap Rock Industries Inc. (Bausinger, Patricia) |
| Filing 487 NOTICE of Appearance by Andrew H. Erteschik on behalf of Electric Equipment Corporation of Virginia (Erteschik, Andrew) |
| Filing 486 STIPULATION of Dismissal With Prejudice as to Dean's Light Box, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 485 STIPULATION of Dismissal With Prejudice as to Residual Enterprises Corporation f/k/a CSX Residual Company, as successor-in-interest to Sea Land Service, Inc. by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 484 STIPULATION of Dismissal With Prejudice as to Cleveland Electric Company by Consolidation Coal Company. (Darragh, Daniel) |
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Filing 483
ORDER granting #479 Motion to Withdraw as Attorney - Attorney Julia S. Bright and John S. Slosson terminated as to all defendants named in the attached order except Occidental Chemical Corporation. Signed by Chief Judge Louise Wood Flanagan on 11/15/2010. Copies served electronically. (Baker, C.)
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| Filing 482 Proposed Order re #480 MOTION to Dismiss for Lack of Jurisdiction [Federal Rules of Civil Procedure Rule 12(b)(2)] filed by Union Electric Company. (Rigsby, Jesse). |
| Filing 481 Memorandum in Support re #480 MOTION to Dismiss for Lack of Jurisdiction [Federal Rules of Civil Procedure Rule 12(b)(2)] filed by Union Electric Company. (Rigsby, Jesse). |
| Filing 480 MOTION to Dismiss for Lack of Jurisdiction [Federal Rules of Civil Procedure Rule 12(b)(2)] by Union Electric Company. Responses due by 12/15/2010 (Attachments: #1 Exhibit 1 - Deposition Transcript Excerpts Richard Brewer, #2 Exhibit 2 - Excerpt from Brewer Deposition Exhibit 79, #3 Affidavit Exhibit 3 - Affidavit of Gerald Waters) (Rigsby, Jesse). |
| Motion Submitted: #479 MOTION to Withdraw as Attorney submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 479 MOTION to Withdraw as Attorney by Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill Incorporated, Celanese Corporation, 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., General Electric Company, Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, LWB Refractories Company, Pharmacia Corporation, Potamac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division, Washington Suburban Sanitary Commission. (Attachments: #1 Text of Proposed Order Granting Motion to Withdraw) (Bright, Julia). |
| Filing 478 NOTICE of Appearance by Andrew H. Erteschik on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill Incorporated, Celanese Corporation, 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., General Electric Company, 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, St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division, Washington Suburban Sanitary Commission (Erteschik, Andrew) |
| Filing 477 SUR-REPLY re #434 MOTION to for Sanctions filed by Consolidation Coal Company. (Darragh, Daniel) Modified on 10/29/2010 to clarify docket entry text (Baker, C.). |
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Filing 476
ORDER granting #470 Motion for Leave to File Surreply to Defendant T&R's motion for sanctions - Plaintiffs are DIRECTED to file their surreply forthwith. Signed by U.S. Magistrate Judge David W. Daniel on 10/27/2010. Copies served electronically. (Baker, C.)
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| Filing 475 NOTICE of Change of Address by Jesse Huntsman Rigsby, IV (Rigsby, Jesse) |
| Filing 474 WITHDRAWAL of Counsel of Record as to Meghan M. Hubbard by Union Electric Company. (Hubbard, Meghan) Modified on 11/10/2010 to clarify docket entry text (Baker, C.). |
| Filing 473 NOTICE of Appearance for non-district by Jay P. Eversman on behalf of G&S Motor Equipment Company, Inc. (Eversman, Jay) |
| Motions Submitted: #434 MOTION to Strike and MOTION for Sanctions and #470 MOTION for Leave to File Sur-Reply submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| MOTIONS REFERRED: #434 MOTION for Sanctions and MOTION to Strike and #470 MOTION for Leave to File Sur-Reply referred to U.S. Magistrate Judge David W. Daniel. (Baker, C.) |
| Filing 472 Minute Entry for proceedings held before US Magistrate Judge David W. Daniel: Status Conference held on 9/30/2010. Plaintiff: Daniel Darragh, Christopher Smith, Bill Pollock, Caroline Belk, Michael Ginsberg; Defendant: Patrick Kerner, Jefferey Wagenbach, Carson Carmichael, Dan Reinhardt, Jane Felder, Clay Burns, Kurt Olson, Will Harkins, Jesse Rigsby, Stan Green, Keith Johnson, Bryan Brice; Law Clerk: Brandy Baird, Bettina Roberts. Parties discuss issues relating to Discovery, depositions, ADR, Summary Judgment. (Court Reporter FTR) (Powers, S.). |
| Filing 471 STIPULATION re #327 Scheduling Order, by Georgia Power Company. (Hayward, Jeffrey) |
| Filing 470 MOTION To File Surreply to #434 Motion for Sanctions and Motion to Strike (with Memorandum in Support) by Consolidation Coal Company. (Attachments: #1 Exhibit A - Plaintiffs' Proposed Surreply to T&R's Motion for Sanctions, #2 Text of Proposed Order) (Darragh, Daniel) Modified on 9/24/2010 to clarify docket entry text (Baker, C.). |
| Filing 469 NOTICE of Appearance for non-district counsel by Bonnie Allyn Barnett on behalf of Niagara Mohawk Power Corporation d/b/a National Grid, PPL Electric Utilities Corporation, Trap Rock Industries Inc. (Barnett, Bonnie) |
| Filing 468 WITHDRAWAL as Counsel of Record as to Ryan K. McKain by Bonner Electric, Inc. (McKain, Ryan) Modified on 9/22/2010 to terminate motion event and clarify docket entry text (Baker, C.). |
| Filing 467 NOTICE by Johnson/Kerner Liaison Group re #359 Response, Supplement to Defendants' Report on Disputed Initial Interrogatories (Attachments: #1 Exhibit A - Plaintiffs' Answers and Objections to Defendants' Initial Interrogatories) (Johnson, Keith) |
| Filing 466 STIPULATION regarding Deposition of Gary H. Collison by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, Johnson/Kerner Liaison Group, PCS Phosphate, Inc., Sales Transaction Defendants Liaison. (Kerner, Patricia) |
| Filing 465 RESPONSE re #450 Memorandum in Opposition filed by T and R Electric Supply Company, Inc. (Attachments: #1 Exhibit A - Pleading Excerpts) (Fedder, Jane) |
| Filing 464 AFFIRMATIVE NON-CERCLA DEFENSES AND ANSWER to Complaint by CHRISTUS Health Northern Louisiana. (Bentz, Curtis). |
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Filing 463
CONSENT PROTECTIVE ORDER GOVERNING ACCESS TO DOCUMENTS - Signed by Chief Judge Louise Wood Flanagan on 09/13/2010. Copies served electronically. (Baker, C.)
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Filing 462
ORDER granting #460 Motion for Leave to File - This Court grants Defendant Weyerhaeuser Company's Motion, and hereby declares its Answer and Non-CERCLA defenses (D.E. 438 and D.E. 437) as timely filed, as if filed pursuant to and in compliance with Paragraph II.E of the Case Management Order governing those cases. Signed by Chief Judge Louise Wood Flanagan on 09/13/2010. Copies served electronically. (Baker, C.)
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Filing 461
ORDER granting #451 Motion for Leave to File - CHRISTUS shall be permitted to file the duplicate pleading attached to its Motion as Exhibit A in Civil Action No. 5:08-cv-460-FL and Civil Action No. 5:08-cv-00463-FL. Signed by Chief Judge Louise Wood Flanagan on 09/13/2010. Copies served electronically. (Baker, C.)
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| Filing 460 MOTION for Leave to File by Weyerhaeuser Company. (Attachments: #1 Text of Proposed Order GRANTING MOTION FOR ANSWER AND AFFIRMATIVE NON-CERCLA DEFENSES TO BE DEEMED TIMELY FILED) (Hart, Scott) |
| Motion Submitted: #460 MOTION for Leave to File submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Motion Submitted: #457 Joint MOTION for Protective Order submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 459 NOTICE by Sales Transaction Defendants Liaison reference #361 Order - Sales Transaction Defendants' Proposed Topics for Discussion at Status Conference. (Wagenbach, Jeffrey) |
| Filing 458 ANSWER to #135 Amended Complaint by Cleveland Electric Company. (Schoolman, Brian) |
| Filing 457 Joint MOTION for Protective Order by Georgia Power Company. (Attachments: #1 Exhibit A. AOC, #2 Exhibit B. Proposed Consent Protective Order) (Parsons, Gavin) |
| Filing 456 NOTICE by Johnson/Kerner Liaison Group Defendants' Proposed Topics for Discussion at Status Conference. (Johnson, Keith) |
| Filing 455 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company, PCS Phosphate, Inc. re #361 Order, Set Hearings / Plaintiffs' Proposed Topics for Discussion at September 30, 2010 Status Conference (Smith, Christopher) |
| Motion Submitted: #451 MOTION for Leave to File Affirmative Non-CERCLA Defenses and Answers Out of Time submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 454 NOTICE by Danny Corp. regarding Notice of Change of Firm Name (Fedder, Jane) |
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Filing 453
CONSENT ORDER AND STIPULATION REGARDING THE COURT'S MARCH 24, 2010 ORDER - Plaintiffs' 107 claims as to the remaining defendants are DISMISSED for the reasons set forth in the Court's March 24 ORDER. Cross-claimant PCS Phosphate Company, Inc.'s 107 claims are unaffected by this disposition. Defendants' respective 113(f) counterclaims asserted in response to the dismissed 107(a) claims are hereby DISMISSED. Defendants' 113(f) crossclaims in response to PCS Phosphate's 107(a) and 113(g)(2) claims are unaffected by this disposition. #348 Defendants' Motion to Strike Pursuant to Fed. R. Civ. P. 12(f) Count I of Plaintiff Carolina Power & Light Company d/b/a Progress Energy Carolinas, Inc. 's Consolidated and Third Amended Complaint is DENIED as MOOT. Signed by Chief Judge Louise Wood Flanagan on 09/08/2010. Copies served electronically. (Baker, C.)
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Filing 452
ORDER granting #362 Motion to Withdraw as Attorney and granting #439 , #440 , #442 , #446 , and #448 Motion for Leave to File to File Out of Time. The untimely answers and affirmative non-CERCLA defenses attached to the motions of those defendants named herein shall be accepted for filing as if timely filed under the court's case management order entered June 15,2010. Signed by Chief Judge Louise Wood Flanagan on 09/08/2010. Copies served electronically. (Baker, C.)
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| Filing 451 MOTION for Leave to File Affirmative Non-CERCLA Defenses and Answers Out of Time by CHRISTUS Health Northern Louisiana. (Attachments: #1 Exhibit, #2 Text of Proposed Order) (Bentz, Curtis) |
| Filing 450 Memorandum in Opposition re #434 Motion to Strike and Motion for Sanction filed by Consolidation Coal Company. (Attachments: #1 Exhibit 1 - T&R's letter dated 9/8/09 addressed to counsel for Consol and PEC, #2 Exhibit 2 - Consol's response to T&R by letter dated 9/10/09, #3 Exhibit 3 - PEC's response to letter dated 9/14/09, #4 Exhibit 4 - Consol's E-Mail to T&R's Counsel dated 8/31/10, #5 Exhibit 5 - T&R's E-mail Response to Consol's Counsel's E-mail dated 9/1/10, #6 Exhibit 6 - T&R's counsel referenced letter dated 8/23/07 from Ward Transformer Sales & Service, Inc., #7 Exhibit 7 - Consol's Letter to T&R dated 8/30/07, #8 Exhibit 8 - Ward's documents relating to a 333 KVA transformer acquired from T&R in 2/87, #9 Exhibit 9 - Document provided by T&R, #10 Exhibit 10 - EPA's denial of Ward's application for an exemption to buy and sell PCB-contaminated transformers, #11 Exhibit 11 - Transformer acquired from T&R in 2/87, #12 Exhibit 12 - 1982 and 1983 transaction where transformers from T&R were leaking on arrival at Ward, #13 Exhibit 13 - 1982 and 1983 transaction where transformers from T&R were leaking on arrival at Ward, #14 Exhibit 14 - 1985 transaction involving a transformer from T&R, #15 Exhibit 15 - 1984 transaction that involved a transformer acquired from T&R (Darragh, Daniel) |
| Filing 449 NOTICE of Appearance by Patricia P. Kerner on behalf of Johnson/Kerner Liaison Group (Attachments: #1 Exhibit A - Current list of Defendants for whom Patricia P. Kerner has been appointed as liaison counsel) (Kerner, Patricia) |
| Filing 448 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses Out of Time by Dean's Light Box Inc. (Lewis, J.) |
| Filing 447 NOTICE of Appearance by Keith Harrison Johnson on behalf of Johnson/Kerner Liaison Group (Attachments: #1 Exhibit A - Current list of Defendants for whom Keith H. Johnson has been appointed as liaison counsel) (Johnson, Keith) |
| Filing 446 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses Out of Time by Duquesne Light Company. (Olson, Kurt) |
| Filing 445 NOTICE by United States Environmental Protection Agency (withdrawing notice of appearance by R. A. Renfer, Jr., Assistant U.S. Attorney) (Renfer, R.) |
| Motion Submitted: #446 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses Out of Time submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Motion Submitted: #448 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses Out of Time submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 444 ADR DEFENDANTS' SUPPLEMENTAL MEDIATOR NOMINATION (Ellerhorst, Shelly) Modified on 9/7/2010 to correct docket entry text (Baker, C.). |
| Filing 443 NOTICE by Tennessee Valley Authority, The Central Intelligence Agency, United States Defense Logistics Agency, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy Withdrawal of Appearance (Spear, C.) |
| Filing 442 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses Two Days Out of Time by Caterpillar Inc. (Attachments: #1 Proposed Order re Caterpillar Inc.'s Motion for Leave to File Answer & Affirmative Non-CERCLA Defenses Two Days Out of Time, #2 Caterpillar Inc.'s Answer & Affirmative Non-CERCLA Defenses) (Millberg, John). |
| Motions Submitted: #439 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses One Day Out of Time, #440 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses One Day Out of Time, and #442 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses Two Days Out of Time submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 441 ANSWER to #135 Amended Complaint, #217 Crossclaim, ANSWER to #135 Amended Complaint by Frontier Communications Corporation. (Cordle, Robert). |
| Filing 440 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses One Day Out of Time by Sumter Electric Cooperative, Inc. d/b/a SECO Energy. (Olson, Kurt) |
| Filing 439 MOTION for Leave to File Answer and Affirmative Non-CERCLA Defenses One Day Out of Time by Arkema, Inc. (Olson, Kurt) |
| Filing 438 AFFIRMATIVE NON-CERCLA DEFENSES AND ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation. (Mazza, David). |
| Filing 437 ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim, by Weyerhaeuser Company. (Hart, Scott). |
| Filing 436 ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Bonner Electric, Inc. (Williams, Joseph). |
| Filing 435 Memorandum in Support of #434 Motion to Strike and Motion for Sanctions filed by T and R Electric Supply Company, Inc. (Attachments: #1 Exhibit A-1 Correspondence with Plaintiffs Counsel before Complaints were filed against T&R Electric, #2 Exhibit A-2 Correspondence with Plaintiffs Counsel before Complaints were filed against T&R Electric, #3 Exhibit A-3 Correspondence with Plaintiffs Counsel before Complaints were filed against T&R Electric, #4 Exhibit A-4 Correspondence with Plaintiffs Counsel before Complaints were filed against T&R Electric, #5 Exhibit A-5 Correspondence with Plaintiffs Counsel before Complaints were filed against T&R Electric, #6 Exhibit A-6 Correspondence with Plaintiffs Counsel before Complaints were filed against T&R Electric, #7 Exhibit A-7 Correspondence with Plaintiffs Counsel before Complaints were filed against T&R Electric, #8 Exhibit B-1 Local Rule 11.1 Correspondence, #9 Exhibit B-2 Local Rule 11.1 Correspondence) (Fedder, Jane). |
| Filing 434 T&R Electric Supply Co.'s Individual Answer and Motions to Strike and For Sanctions to #135 Amended Complaint, #218 Counterclaim, Crossclaim by T and R Electric Supply Company, Inc. (Attachments: #1 Exhibit - Transaction Related Documents) (Fedder, Jane). |
| Filing 433 Occidental Chemical Corporation's Individual Answer to #135 Amended Complaint, #217 Crossclaim by Occidental Chemical Corporation. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 432 Pharmacia Corporation's Individual Answer to #135 Amended Complaint, #217 Crossclaim by Pharmacia Corporation. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 431 Washington Suburban Sanitary Commission's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Washington Suburban Sanitary Commission. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 430 United Technologies Corporation's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by United Technologies Corporation, Pratt & Whitney Division. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 429 Unimin Corporation's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Unimin Corporation. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 428 Potomac Electric Power Company's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Potamac Electric Power Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 427 Sonoco Products Company's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Sonoco Products Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 426 Southland Electrical Supply's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Southland Electrical Supply, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 425 Tri-State Armature & Electrical Works, Inc.'s Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Tri-State Armature & Electrical Works, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 424 St. Joseph Medical Center's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by St. Joseph Medical Center, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 423 LWB Refactories Company n/k/a Magnesita Refractories Company's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by LWB Refractories Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 422 Glenwood Regional Medical Center's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Glenwood Regional Medical Center. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 421 Gladieux Trading & Marketing Company's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Gladieux Trading & Marketing Company, L.P. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 420 GKN Driveline North America's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by GKN Driveline North American, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 419 Florida Power & Light Company's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Florida Power & Light Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 418 Electric Equipment Corporation of Virginia's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Electric Equipment Corporation of Virginia. (Fedder, Jane). |
| Filing 417 Electric Control Equipment Company's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Electric Control Equipment Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 416 Dixon Lumber Company's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Dixon Lumber Company, Incorporated. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 415 Delmarva Power & Light Company's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Delmarva Power & Light Company. (Attachments: #1 Exhibit Part 1 Transaction Related Documents, #2 Exhibit Part 2 Transaction Related Documents) (Fedder, Jane). |
| Filing 414 Danny Corporation's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Danny Corp. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 413 General Electric Company's Individual Answer ANSWER to #135 Amended Complaint, #217 Crossclaim, ANSWER to #135 Amended Complaint, #217 Crossclaim,, by General Electric Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 412 Consumers Energy Company's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Consumers Energy Company. (Attachments: #1 Exhibit Part 1 Transaction Related Documents, #2 Exhibit Part 2 Transaction Related Documents) (Fedder, Jane). |
| Filing 411 Celanese Corporation's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Celanese Corporation. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 410 Cargill Incorporated's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Cargill Incorporated. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 409 Broad River Electric Cooperative's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Broad River Electric Cooperative, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 408 Blue Ridge Electric Cooperative Inc.'s Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Blue Ridge Electric Cooperative, Inc. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 407 Atlantic City Electric Company's Individual Answer to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Atlantic City Electric Company. (Attachments: #1 Exhibit Transaction Related Documents) (Fedder, Jane). |
| Filing 406 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by New Southern of Rocky Mount, Inc. (Olson, Kurt). |
| Filing 405 Affirmative Non-Cercla Defenses and ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Tredegar Film Products Corporation. (Fairbanks, R.). |
| Filing 404 Affirmative Non-Cercla Defenses and ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Alcoa Inc. (Fairbanks, R.). |
| Filing 403 ANSWER to Complaint (Individual Answer With Non-CERCLA Defenses To Plaintiffs Second And Third Amended Complaints And PCS Phosphate Company, Inc.s Crossclaims) by Cogentrix Energy, L.L.C. (Byrne, Michael). |
| Filing 402 ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Huntsville Utilities. (McArthur, Benjamin). |
| Filing 401 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Norfolk Southern Railway Company. (Olson, Kurt). |
| Filing 400 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Bayer Crop Science, Inc. (Olson, Kurt). |
| Filing 399 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by South Central Power Company. (Olson, Kurt). |
| Filing 398 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Midamerican Energy Company. (Olson, Kurt). |
| Filing 397 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Jessop Steel Company n/k/a Jessop Steel, L.L.C. (Olson, Kurt). |
| Filing 396 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Kobe Copper Products, Inc. (Olson, Kurt). |
| Filing 395 Individual ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Kraft Foods Global, Inc. (Camerson, Donald). |
| Filing 394 Individual ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by 3M Company. (Camerson, Donald). |
| Filing 393 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Sara Lee Corporation d/b/a Hillshire Farms. (Olson, Kurt). |
| Filing 392 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Foremost Electric & Transmission, Inc. (Olson, Kurt). |
| Filing 391 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Holladay Property Services Midwest, Inc. (Olson, Kurt). |
| Filing 390 ANSWER to #218 Counterclaim, Crossclaim by CHRISTUS Health Northern Louisiana. (Bentz, Curtis). |
| Filing 389 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Chemical Products Corporation. (Olson, Kurt). |
| Filing 388 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by CSX Residual Company. (Olson, Kurt). |
| Filing 387 Non-Cercla Defenses and ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by West Penn Power Company. (DeGeorge, R.). |
| Filing 386 Non-Cercla Defenses and ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Monongahela Power Company. (DeGeorge, R.). |
| Filing 385 INDIVIDUAL ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Georgia Power Company. (Hayward, Jeffrey). |
| Filing 384 ANSWER to #135 Amended Complaint, #217 Crossclaim, #348 Motion to Strike, Answer to Crossclaim, Answer to Amended Complaint, Counterclaim, #218 Counterclaim by Virginia Electric And Power Company. (Kerner, Patricia). |
| Filing 383 Non-Cercla Defenses and ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by CBS Corporation. (DeGeorge, R.). |
| Filing 382 Non-Cercla Defenses and ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Bruce-Merrilees Electric Company. (DeGeorge, R.). |
| Filing 381 Lockwood's Electric Motor Service, Inc.'s Affirmative Non-CERCLA Defenses and ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim, #325 Consolidated and Third Amended Complaint, #326 Counterclaim and Amended Crossclaims of Defendant PCS Phosphate Company, Inc. by Lockwood's Electric Motor Service. (Risinger, Bradley). |
| Filing 380 Apofee Coal Company LLC's Affirmative Non-CERCLA Defenses and ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Apogee Coal Company, L.L.C. (Risinger, Bradley). |
| Filing 379 ConocoPhillips Company's Non-Cercla Defenses and ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by ConocoPhillips Company. (DeGeorge, R.). |
| Filing 378 Individual ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Peace College of Raleigh, Inc. (Erteschik, Andrew). |
| Filing 377 NOTICE by G&S Motor Equipment Company, Inc. re #376 Answer to Amended Complaint, Answer to Crossclaim, Answer to Counterclaim, (Unable to File - Sunday, August 29, 2010) (Haus, Jaan). |
| Filing 376 Individual ANSWER to #135 Amended Complaint, #217 Crossclaim, #218 Counterclaim, Crossclaim by G&S Motor Equipment Company, Inc. (Haus, Jaan). |
| Filing 375 Joint Motion with Respect to The Court's March 24, 2010 Order re #348 Motion to Strike, Answer to Crossclaim,, Answer to Amended Complaint, Answer to Complaint, Counterclaim by Alcoa Inc., Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., CBS Corporation, CHRISTUS Health Northern Louisiana, CSX Residual Company, Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Carr & Duff, Inc., Caterpillar Inc., Celanese Corporation, Chemical Products Corporation, City of Dover, Delaware, Cleveland Electric Company, Cogentrix Energy, L.L.C., ConocoPhillips Company, Consolidation Coal Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corp., Dean's Light Box Inc., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, G&S Motor Equipment Company, Inc., GKN Driveline North American, Inc., General Electric Company, General Extrusions Incorporated, Georgia Power Company, Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Huntsville Utilities, Imerys Carbonates, L.L.C., Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Jet Electric Motor Co., Inc., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries Inc., Kraft Foods Global, Inc., LWB Refractories Company, Lockwood's Electric Motor Service, Martin Marietta Materials, Inc., 3M Company, Alcan Primary Products Corporation, Midamerican Energy Company, Monongahela Power Company, NL Industries, Inc., New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation d/b/a National Grid, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, Occidental Chemical Corporation, Owen Electric Steel Company of South Carolina, P. C. Campana, Inc., PCS Phosphate, Inc., PPL Electric Utilities Corporation, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Peace College of Raleigh, Inc., Pharmacia Corporation, Potamac Electric Power Company, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, T and R Electric Supply Company, Inc., Tennessee Electro-Minerals Inc., Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock Industries Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, United Technologies Corporation, Pratt & Whitney Division, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Veolia Environmental Services Waste-to-Energy, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company. (Attachments: #1 Text of Proposed Order: Consent Order and Stipulation Regarding the Court's March 24, 2010 Order) (Darragh, Daniel). |
| Motion Submitted: #375 Joint MOTION in Response to Court's 03/24/10 Order submitted to Chief Judge Flanagan for consideration. (Baker, C.). |
| Filing 374 AFFIRMATIVE NON-CERCLA DEFENSES AND ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Duke Energy Carolinas, L.L.C. (Green, Stanley). |
| Filing 373 Individual ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Cape Hatteras Electric Membership Corporation. (Attachments: #1 Exhibit - Ward Transformer repair records for 4 transformers) (Shearin, Norman) |
| Filing 372 Individual ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Vulcan Construction Materials, L.P. (Ellerhorst, Shelly) |
| Filing 371 Individual ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Union Carbide Corporation. (Ellerhorst, Shelly) |
| Filing 370 Individual ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Tennessee Electro-Minerals Inc.(Ellerhorst, Shelly) |
| Filing 369 Individual ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Northrop Grumman Shipbuilding, Inc. (Ellerhorst, Shelly) |
| Filing 368 Individual ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by North Georgia Electric Membership Corporation. (Ellerhorst, Shelly) |
| Filing 367 Individual ANSWER to #135 Amended Complaint, #218 Counterclaim, Crossclaim by Imerys Carbonates, L.L.C. (Ellerhorst, Shelly) |
| Filing 366 INDIVIDUAL ANSWER Asserting Non-Cercla Defense of Lack of Personal Jurisdiction by Union Electric Company. (Rigsby, Jesse) Modified on 8/27/2010 to clarify docket entry text (Baker, C.). |
| Filing 365 NOTICE of Appearance for non-district by Shelly J. Ellerhorst on behalf of Imerys Carbonates, L.L.C., North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P. (Ellerhorst, Shelly) |
| Filing 364 NOTICE (Defendant, Crossclaim Defendant and Counterclaim Defendant Carolina Power & Light Co. d/b/a Progress Energy Carolinas, Inc.'s CERCLA Defenses and Crossclaim) re #327 Scheduling Order. (Smith, Christopher). |
| Filing 363 RESPONSE: Supplement to Defendants' Report on Disputed Document Requests re #331 Response filed by Alcoa Inc., Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., BASF Corporation, Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., CBS Corporation, CHRISTUS Health Northern Louisiana, CSX Residual Company, Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Carr & Duff, Inc., Caterpillar Inc., Celanese Corporation, Chemical Products Corporation, City of Dover, Delaware, Cleveland Electric Company, Cogentrix Energy, L.L.C., ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corp., Dean's Light Box Inc., Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Duquesne Light Company, Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, GKN Driveline North American, Inc., General Electric Company, General Extrusions Incorporated, Georgia Power Company, Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Green Circle Growers, Inc., Greenwood Mills, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Huntsville Utilities, Imerys Carbonates, L.L.C., Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries Inc., Kraft Foods Global, Inc., LWB Refractories Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lockwood's Electric Motor Service, Martin Marietta Materials, Inc., 3M Company, Alcan Primary Products Corporation, Midamerican Energy Company, Monongahela Power Company, NL Industries, Inc., New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation d/b/a National Grid, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, Occidental Chemical Corporation, Owen Electric Steel Company of South Carolina, PPL Electric Utilities Corporation, Palmetto Electric Cooperative, Inc., Peace College of Raleigh, Inc., Pharmacia Corporation, Potamac Electric Power Company, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, T and R Electric Supply Company, Inc., Tennessee Electro-Minerals Inc., Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock Industries Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, Union Electric Company, United Technologies Corporation, Pratt & Whitney Division, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Veolia Environmental Services Waste-to-Energy, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company. (Attachments: #1 Exhibit A - Plaintiffs' Initial Informal Production of Documents to Defendants) (Johnson, Keith). |
| Filing 362 MOTION to Withdraw as Attorney by Dean's Light Box Inc. (Attachments: #1 Text of Proposed Order granting withdrawal) (Lewis, J.). |
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Filing 361
ORDER - Status Conference set for 9/30/2010 at 11:00 AM in Raleigh - 5th Floor Courtroom before U.S. Magistrate Judge David W. Daniel. Signed by U.S. Magistrate Judge David W. Daniel on 08/20/2010. Copies served electronically. (Baker, C.)
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| Filing 360 NOTICE by Consolidation Coal Company re #327 Scheduling Order, (Defendant, Crossclaim Defendant and Counterclaim Defendant Consolidation Coal Company's CERCLA Defenses and Crossclaim) (Darragh, Daniel) |
| NOTICE OF DEFICIENCY re: #359 Response - Pursuant to Section L of the CM/ECF Policy and Procedures Manual, attachments and exhibits must be identified with a clear and complete description in the docket entry text. The Case Administrator has corrected the deficiency in this instance, but future filings must adhere to the court's filing policy. (Baker, C.) |
| Filing 359 Defendants' Report on Disputed Initial Interrogatories re #327 Scheduling Order filed by Georgia Power Company. (Attachments: #1 Appendix A -Defendants' Initial Interrogatories, #2 Appendix B - Unpublished Decisions, #3 Appendix C - Defendants' Specific Objections to Individual Interrogatories) (Hayward, Jeffrey) Modified on 8/16/2010 to insert naming conventions for attachments (Baker, C.). |
| Filing 358 (Plaintiffs' Response and Objections to Defendants' Initial Interrogatories) re #327 Scheduling Order filed by Consolidation Coal Company. (Attachments: #1 Appendix A - Plaintiffs' Initial Interrogatories to All Defendants, #2 Appendix B - Defendants' Initial Interrogatories, #3 Appendix C - Certain Sales Transaction Defendants Proposed Initial Interrogatories, #4 Appendix D - Defendants' Initial Interrogatories) (Darragh, Daniel). |
| Filing 357 NOTICE of Appearance for non-district by Jaan M. Haus on behalf of G&S Motor Equipment Company, Inc. (Haus, Jaan) |
| Filing 356 Notice of Substitution of Counsel by Robert B. Cordle on behalf of Frontier Communications Corporation substituting for Eric H. Cottrell (Cordle, Robert) |
| Filing 355 Notice of Withdrawal and Substitution of Counsel (Smithson) by G&S Motor Equipment Company, Inc. (Gifford, William). |
| Filing 354 NOTICE of Appearance for non-district counsel by Julie S. Solmer Stine on behalf of Caterpillar Inc. (Solmer Stine, Julie) |
| Filing 353 NOTICE (Sales Transaction Defendants' Nomination of Replacement Liaison Counsel) by G&S Motor Equipment Company, Inc. (Gifford, William). |
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Filing 352
CONSENT PROTECTIVE ORDER AND STIPULATION OF CONFIDENTIALITY - Signed by Chief Judge Louise Wood Flanagan on 08/05/2010. Copies served electronically. (Baker, C.).
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| Filing 351 Notice of Support for ADR Defendants' Mediator Nomination by Guernsey-Muskingum Electric Cooperative, Inc. (Flax, Gregory). |
| Motion Submitted: #345 Joint MOTION for Protective Order submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 350 RESPONSE by Defendant Blue Ridge Electric Cooperative, Inc. re (320 in 5:08-cv-00460-FL) - Defendants in Johnson/Kerner Liaison Group's Response to Plaintiffs' Filing Concerning Initial Discovery. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Fedder, Jane). |
| Filing 349 NOTICE by PCS Phosphate, Inc. of PCS Phosphate Company, Inc.'s CERCLA Defenses (Story, Jane) |
| Filing 348 MOTION TO STRIKE and ANSWER (including Standard defenses and claims) to Plaintiff's Second and Third Amended Complaint and PCS Phosphate Company, Inc's. Cross claims to #135 Amended Complaint, #217 Crossclaim, #218 Counterclaim, Crossclaim, #67 Amended Complaint, #1 Complaint, ANSWER to #135 Amended Complaint, #217 Crossclaim, #218 Counterclaim, Crossclaim, #67 Amended Complaint, #1 Complaint, ANSWER to #135 Amended Complaint, #217 Crossclaim,, #218 Counterclaim, Crossclaim, #67 Amended Complaint, #1 Complaint, ANSWER to #135 Amended Complaint, #217 Crossclaim, #218 Counterclaim, Crossclaim, #67 Amended Complaint, #1 Complaint, ANSWER to #135 Amended Complaint, #217 Crossclaim, #218 Counterclaim, Crossclaim, #67 Amended Complaint, #1 Complaint, CROSSCLAIM against PCS Phosphate, Inc., COUNTERCLAIM against Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Consolidation Coal Company by Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., CBS Corporation, CHRISTUS Health Northern Louisiana, CSX Residual Company, Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Carr & Duff, Inc., Caterpillar Inc., Celanese Corporation, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, City of Dover, Delaware, Cleveland Electric Company, Cogentrix Energy, L.L.C., ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corp., Dean's Light Box Inc., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Dorey Electric Company, Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, G&S Motor Equipment Company, Inc., GKN Driveline North American, Inc., General Electric Company, General Extrusions Incorporated, Georgia Power Company, Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Huntsville Utilities, Imerys Carbonates, L.L.C., Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Jet Electric Motor Co., Inc., Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries Inc., Kraft Foods Global, Inc., LWB Refractories Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lockwood's Electric Motor Service, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, NL Industries, Inc., New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation d/b/a National Grid, Norfolk Southern Railway Company, North Carolina Department of Agriculture and Consumer Services, North Carolina State University is a constituent of the University of North Carolina, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Owen Electric Steel Company of South Carolina, P. C. Campana, Inc., PPL Electric Utilities Corporation, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Peace College of Raleigh, Inc., Pharmacia Corporation, Phoenix Solutions Company, Potamac Electric Power Company, Power Machinery Company, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, T and R Electric Supply Company, Inc., Tennessee Electro-Minerals Inc., The City of Lakeland, Florida, Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock Industries Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, Union Electric Company, United Technologies Corporation, Pratt & Whitney Division, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Veolia Environmental Services Waste-to-Energy, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company. (Attachments: #1 Exhibit 1 - Authorization for the sale of scrap metal) (Kerner, Patricia). Modified on 8/2/2010 to open motion event (Baker, C.). |
| Filing 347 RESPONSE to Discovery Request from Rule 26 Initial Disclosures by NL Industries, Inc. (Herz, Joel). |
| Filing 346 SELECTION OF William J. Hengemihle as mediator. (Attachments: #1 Exhibit A -- Mediator Nomination)Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Sidbury, Benjamin) |
| Filing 345 Joint MOTION for Protective Order by Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Blue Ridge Electric Cooperative, Inc., Bonner Electric, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., CBS Corporation, CHRISTUS Health Northern Louisiana, CSX Residual Company, Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., Carr & Duff, Inc., Caterpillar Inc., Celanese Corporation, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, Chevron Mining, Inc., City of Dover, Delaware, City of Mascoutah, Illinois, Cleveland Electric Company, Cogentrix Energy, L.L.C., Cohen and Green Salvage Company, Inc., ConocoPhillips Company, Consolidation Coal Company, Consumers Energy Company, Cooper Industries, Inc., Cooper Tire & Rubber Company, Cotter Electric Company, Danny Corp., Dean's Light Box Inc., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Dorey Electric Company, Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Endicott Clay Products Company, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, G&S Motor Equipment Company, Inc., GKN Driveline North American, Inc., General Electric Company, General Extrusions Incorporated, Georgia Power Company, Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Hagerstown Light Department, Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Huntsville Utilities, Imerys Carbonates, L.L.C., Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Jet Electric Motor Co., Inc., Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries Inc., Kraft Foods Global, Inc., LWB Refractories Company, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., Lewis Electric Supply Co., Inc., Lockwood's Electric Motor Service, M-P Electrical Contractors, Inc., Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Electric Corporation, American Skiing Company, NL Industries, Inc., New Southern of Rocky Mount, Inc., Niagara Mohawk Power Corporation d/b/a National Grid, Norfolk Southern Railway Company, North Carolina Department of Agriculture and Consumer Services, North Carolina State University is a constituent of the University of North Carolina, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Owen Electric Steel Company of South Carolina, Owen Electric Steel Company of South Carolina, and/or SMI Owen Steel complany, Inc., and/or SMI Steel, P. C. Campana, Inc., PCS Phosphate, Inc., PPL Electric Utilities Corporation, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Peace College of Raleigh, Inc., Pharmacia Corporation, Phoenix Solutions Company, Potamac Electric Power Company, Power Machinery Company, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Surry Yadkin Electric Membership Corporation, T and R Electric Supply Company, Inc., Tennessee Associated Electric, Inc. or Tennessee Associated Electric, Tennessee Electro-Minerals Inc., Tennessee Valley Authority, The Central Intelligence Agency, The City of Lakeland, Florida, Town of Blackstone, Virginia, Town of Louisburg, North Carolina, Trap Rock Industries Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, Union Electric Company, United States Defense Logistics Agency, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy, United States Environmental Protection Agency, United Technologies Corporation, Pratt & Whitney Division, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina, Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Veolia Environmental Services Waste-to-Energy, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., W. R. Schofield Construction Co., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, West Penn Power Company, Weyerhaeuser Company, Wheelabrator Technologies, Inc.. (Attachments: #1 Text of Proposed Order Consent Protective Order and Stipulation of Confidentiality) (Johnson, Keith) |
| Filing 344 NOTICE by Wartburg College of Affiliation with Liaison Counsel (Byrne, Michael) |
| Filing 343 NOTICE by Bruce-Merrilees Electric Company, CBS Corporation, ConocoPhillips Company, Monongahela Power Company, West Penn Power Company of Liaison Group Representation (DeGeorge, R.) |
| Filing 342 NOTICE by Consolidation Coal Company re #327 Scheduling Order - Plaintiffs' Position Regarding the Appointment of a Mediator (Darragh, Daniel). |
| Filing 341 RESPONSE re #331 Response to the Johnson/Kerner Defendants' Report on Disputed Document Requests filed by Consolidation Coal Company. (Attachments: #1 Appendix A - Unreported Decision - American International v. United States) (Darragh, Daniel). |
| Filing 340 RESPONSE to Discovery Request from Rule 26(a) Initial Disclosures by Hudson Light and Power Department. (Cralle-Jones, Catherine) |
| Filing 339 RESPONSE to Discovery Request from Rule 26(a) Initial Disclosures by Baltimore Gas & Electric Company. (Cralle-Jones, Catherine) |
| Filing 338 NOTICE by Baltimore Gas & Electric Company - (Notice of Liaison Group Representation) (Cralle-Jones, Catherine). |
| Filing 337 FINANCIAL DISCLOSURE STATEMENT by P. C. Campana, Inc. identifying Corporate Parent P.C. CAMPANA, INC. for P. C. Campana, Inc. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Weir, Jeffrey) |
| Filing 336 NOTICE of Appearance by Patricia P. Kerner on behalf of Virginia Electric And Power Company (Kerner, Patricia) |
| Filing 335 FINANCIAL DISCLOSURE STATEMENT by Wartburg College. (Byrne, Michael) |
| Filing 334 NOTICE OF CORRECTION by Georgia Power Company re #331 Response (Attachments: #1 Exhibit John W. Daniel & Co Inc. v. Durham Public Schools Board of Education) (Parsons, Gavin). |
| Filing 333 NOTICE of Appearance by Michael John Byrne, William A. White, and David E. Fox on behalf of Wartburg College (Byrne, Michael) |
| Filing 332 NOTICE (Sales Defendant Statement on Initial and Informal Discovery) by G&S Motor Equipment Company, Inc. (Smithson, Stephen). |
| Filing 331 RESPONSE (Johnson/Kerner Liaison Group's Report on Disputed Document Requests) by Defendant Blue Ridge Electric Cooperative, Inc. re (312 in 5:08-cv-00460-FL) Scheduling Order. (Attachments: #1 Appendix A Defendants Objections to Plaintiffs' Proposed Document Requests, #2 Appendix B Authority for Defendants' Document Requests, #3 Appendix C Unpublished Authority, #4 Appendix D Email from Daniel Darragh, #5 Appendix E Plaintiffs' 7/19 Draft Response to Defendants' Requests for Documents, #6 Appendix F Email Exchange with Caroline Belk)Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Fedder, Jane). |
| Filing 330 NOTICE (Plaintiffs' List of Categories of Documents to be Produced by August 20, 2010) by Consolidation Coal Company re #327 Scheduling Order (Attachments: #1 Exhibit 1 - Plaintiffs' Proposed Categories of Documents for Initial Informal Discovery, #2 Exhibit 2 - Plaintiffs' Response to Defendants' Draft Requests for Documents) (Darragh, Daniel). |
| Filing 329 NOTICE of Appearance by Herman L. Fussell on behalf of Cleveland Electric Company (Fussell, Herman) |
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Filing 328
ORDER AMENDING in part re #326 Order Appointing Liaison Counsel - Signed by Chief Judge Louise Wood Flanagan on 07/08/2010. Copies served electronically. (Baker, C.)
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Filing 327
CASE MANAGEMENT ORDER: Discovery due by 11/30/2011. Mediation Deadline set for 12/15/2010. Dispositive Motions due by 1/6/2010. (The stay on filing pleadings previously imposed by the court is hereby lifted.) Trial set for 5/7/2012 before Chief Judge Louise Wood Flanagan. See attached document for further scheduling particulars. Signed by Chief Judge Louise Wood Flanagan on 06/14/2010. Copies served electronically. (Baker, C.)
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Filing 326
ORDER appointing administrative liaison counsel. Signed by Chief Judge Louise Wood Flanagan on 06/14/2010. Copies served electronically. (Baker, C.)
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| Filing 325 Proposed Order by Certain Sales Defendants filed by G&S Motor Equipment Company, Inc. (Wagenbach, Jeffrey). |
| Filing 324 Minute Entry for proceedings held before U.S. Magistrate Judge David W. Daniel: Status Conference held on 5/5/2010. Present-Plaintiff: Christopher Smith, Caroline Belk, Bill Pollock, Dan Darragh, Michael Ginsberg, Kelli Ovier, John Lynch, Mary Beth Deemer, Dan Kemp;Defendant: Jesse Rigsby, IV, Stephen Smithson, Carson Carmichael, Michael Byrne, Jane Fedder, Hollister Hill, Jeff Hayward, Kristin Jones, William White, Tricia Kerner, Stan Green, Keith Johnson, Will Harkins and Kurt Olson. Issues regarding division of defendants into litigation groups, discovery, depositions,streamling pleadings, interrogatories, liaison counsel are discussed by both parties. Defendants have produced a proposed case management order, the parties have until 5/13/10 to submit to chambers changes to this proposed Order. Taken under advisement, written M&R to follow. (Court Reporter FTR.) (Powers, S.) |
| Filing 323 JOINT RESPONSE re #311 Notice Regarding Case Management Issues filed by Consolidation Coal Company. (Darragh, Daniel). |
| Filing 322 NOTICE of Appearance for non-district by Donald J. Camerson on behalf of 3M Company, Kraft Foods Global, Inc. (Camerson, Donald) |
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Filing 321
ORDER granting #309 Motion to Withdraw as Attorney. Attorney Ryan D. Dahl terminated as counsel for PCS Phosphate Company, Inc. Signed by Chief Judge Louise Wood Flanagan on 04/29/2010. Copies served electronically. (Baker, C.)
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| Filing 320 STATUS REPORT Defendant Union Electric's Individual Report Regarding Case Management Issues by Union Electric Company. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Rigsby, Jesse) |
| Filing 319 Notice of Substitution of Counsel by Kurt J. Olson on behalf of New Southern of Rocky Mount, Inc. substituting for John J. Butler (Olson, Kurt) |
| Filing 318 NOTICE by Frontier Communications Corporation (Notice of Withdrawal of Jay C. Johnson) (Cottrell, Eric) |
| Motions Submitted: #309 MOTION to Withdraw as Attorney submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 317 STATUS REPORT Defendants' Report Regarding Case Management Issues by Owen Electric Steel Company of South Carolina, Veolia Environmental Services Waste-to-Energy f/k/a Montenay Power Corporation, International Power Machinery Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., Apogee Coal Company, LLC, Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, Baltimore Gas & Electric Company, BASF Corporation, Bayer Cropscience, Inc., Bedford Rural Electric Cooperative Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Buist Electric, Inc., Cape Hatteras Electric Membership Corporation, Cargill, Incorporated, Carlisle Syntec Incorporated, Carr and Duff, Inc., Caterpillar Inc., United Technologies Corporation, Virginia Electric and Power Company (VEPCO), Vulcan Construction Materials, Limited Partnership, Warren Electric Cooperative, Inc., Washington Suburban Sanitary Commission, Weyerhaeuser Company, Chemical Products Corporation, Christus Health, Cleveland Electric Company, Cogentrix Energy, LLC, Consumers Energy Company, Cooper Tire & Rubber Company, CSX Residual Company, Danny Corporation, Dean's Light Box, Inc., Delmarva Power & Light Company, Dixon Lumber Company, Inc., Domtar Paper Company, LLC, Duke Energy Carolinas, LLC, Duquesne Light Company, Electric Control Equipment Co., Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., Erachem Comilog, Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Electric Company, General Extrusions, Inc., Georgia Power Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Co., LP, and/or Limited Corporation, Glenwood Resolution Authority, Inc., Green Circle Growers, Inc., Greenwood Mills, Inc., Haines and Kibblehouse, Inc., Hudson Light and Power Department, International Paper Company, Intertape Polymer Group, Inc., Jessop Steel, LLC, Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries, Inc, Kraft Foods Global, Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Niagara Mohawk Power Corporation, N.L. Industries, Inc., Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, Occidental Chemical Corporation, Palmetto Electric Cooperative, Inc., Pharmacia Corporation, Potomac Electric Power Company, PPG Industries, Inc., PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation, Sonoco Products Company, Town of Blackstone, Virginia, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc., T and R Electric Supply Company, Inc., Tennessee Electro Minerals, Inc., Trap Rock, Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Bonner Electric, Inc., Unimin Corporation, Union Carbide Corporation, City of Dover, Delaware, Huntsville Utilities, LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Apogee Coal Company, L.L.C., Arkema, Inc., Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Buist Electric Inc., Cargill Incorporated, Carr & Duff, Inc., Celanese Corporation, CHRISTUS Health Northern Louisiana, Cogentrix Energy, L.L.C., Danny Corp., Dean's Light Box Inc., Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Electric Control Equipment Company, EraChem Comilog Inc., General Electric Company, General Extrusions Incorporated, Veolia Environmental Services Waste-to-Energy, Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Koch Industries Inc., Niagara Mohawk Power Corporation d/b/a National Grid, NL Industries, Inc., Norfolk Southern Railway Company, Peace College of Raleigh, Inc., Potamac Electric Power Company, Sara Lee Corporation d/b/a Hillshire Farms, Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Tennessee Electro-Minerals Inc., Trap Rock Industries Inc., Union Carbide Corporation, United Technologies Corporation, Pratt & Whitney Division, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., Weyerhaeuser Company. (Attachments: #1 Exhibit A -List of Majority Defendants, #2 Exhibit B - Unpublished Cases, #3 Text of Proposed Order)Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Johnson, Keith) |
| Filing 316 STATUS REPORT Certain Sales Transaction Defendants' Report Regarding Preliminary Case Management Issues by G&S Motor Equipment Company, Inc. (Attachments: #1 Text of Proposed Order Proposed Order of Appointment of Administrative Liaison Counsel for Certain Sales Transaction Defendants) (Gifford, William) |
| Filing 315 NOTICE of Appearance for non-district counsel, Donald J. Camerson, II, by John Watson Bowers on behalf of 3M Company, Kraft Foods Global, Inc. (Bowers, John) Modified on 3/25/2013 to clarfiy docket entry text. (Baker, C.) |
| Filing 314 NOTICE by Foremost Electric & Transmission, Inc. re #308 Notice-(other) Supplemental Notice of Deposition (Olson, Kurt) |
| Filing 313 NOTICE by Peace College of Raleigh, Inc. Defendants Nomination of Liaison Counsel (Johnson, Keith) |
| Filing 312 NOTICE by G&S Motor Equipment Company, Inc. Sales Transaction Defendants' Nomination of Liaison Counsel (Gifford, William) |
| Filing 311 NOTICE by Consolidation Coal Company Joint Report Regarding Preliminary Case Management Issues (Darragh, Daniel) |
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Filing 310
PRELIMINARY CASE MANAGEMENT ORDER - Further proceedings in these matters shall be bifurcated into separate liability and allocation phases, denominated "Phase I" and "Phase II." On or before April 16, 2010, defendants shall nominate one or more individuals to serve as liaison counsel. Plaintiffs' counsel and liaison counsel for defendants shall attend a status conference before Magistrate Judge David W. Daniel at 10:00 a.m. on May 5, 2010, at the Terry Sanford Federal Building and Courthouse, 5th Floor Courtroom. Optional advance report(s) stating position(s) on case management issues and/or suggesting additional issues requested to be discussed at conference, are due on or before 04/16/2010 for plaintiffs; 04/23/2010 for liaison counsel for defendants; and 04/30/2010 for any defendant wishing to be seperately heard. The court tentatively sets trial on the issue of liability to begin Monday, May 7, 2012. Signed by Chief Judge Louise Wood Flanagan. Copies served electronically. (Baker, C.)
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| Filing 309 MOTION to Withdraw as Attorney by PCS Phosphate, Inc. (Attachments: #1 Text of Proposed Order) (Dahl, Ryan) |
| Filing 308 NOTICE by Foremost Electric & Transmission, Inc. Notice of Deposition (Olson, Kurt) |
| Filing 307 NOTICE by Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. of Christopher G. Smith's Schedule for Week of April 26, 2010 (Smith, Christopher) |
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Filing 306
ORDER denying as moot #301 Motion to Strike. Signed by Chief Judge Louise Wood Flanagan on 03/24/2010. Copies served electronically. (Baker, C.)
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Filing 305
ORDER - Defendants' omnibus motion to dismiss all claims (CP&L DE # 228; Consol DE # 254) is DENIED. Defendant Cogentrix's motion to dismiss for failure to join an indispensable party and failure to state a claim upon which relief can be granted is also DENIED. The motions to dismiss for lack of personal jurisdiction of defendants EKPC (CP&L DE #223; Consol DE #251) and Union Electric (CP&L DE # 225; Consol DE # 253) are DENIED without prejudice to renewal at the close of discovery or before trial. Concurring defendants' supplemental motion to dismiss plaintiffs' 107 claims (CP&L DE # 226; Consol DE # 256) is GRANTED. Plaintiffs' claims are DISMISSED as to the concurring defendants only. Cross-claimant's 107 claims are unaffected by this disposition. The State Agencies' motion to dismiss on Eleventh Amendment sovereign immunity grounds (CP&L DE # 224; Consol DE # 252) is likewise GRANTED. Furthermore, successor defendants' motions to dismiss for failure to properly allege successor liability are GRANTED. All claims and cross-claims against these defendants are DISMISSED with prejudice. The court previously stayed progress of this case pending resolution of the motions to dismiss, herein decided. A program for discovery, a process for streamlining further pleadings, and a case schedule generally remain to be decided, together with determination ofliaison counsel. The stay remains in effect pending separate order to follow. Signed by Chief Judge Louise Wood Flanagan on 03/24/2010. Copies served electronically. (Baker, C.)
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Filing 304
ORDER granting #303 Motion for leave to conduct deposition of Bob Young. Signed by Chief Judge Louise Wood Flanagan on 03/16/2010. Copies served electronically. (Baker, C.)
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| Filing 303 Joint MOTION to Take Deposition of Former Foremost Electric and Transmission Company Employee Bob Young re #264 Order by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order, #2 Exhibit A - Affidavit of Bob Young, #3 Exhibit B - Second Affidavit of Bob Young) (Darragh, Daniel) |
| Motions Submitted: #303 Joint MOTION to Take Deposition of Former Foremost Electric and Transmission Company Employee Bob Young submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Motions Submitted: #301 MOTION to Strike submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 302 RESPONSE in Opposition re #301 MOTION to Strike #300 Notice-(other)filed by Bonner Electric, Inc., Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr & Duff, Inc., CBS Corporation, Chemical Products Corporation, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, Cogentrix Energy, L.L.C., ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box Inc., Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions Incorporated, Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, South Central Power Company, Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Weyerhaeuser Company, West Penn Power Company. (Olson, Kurt) |
| Filing 301 MOTION to Strike #300 Notice-(other) by Consolidation Coal Company. Responses due by 3/19/2010 (Attachments: #1 Text of Proposed Order) (Darragh, Daniel) |
| Filing 300 NOTICE OF SUBSEQUENTLY DECIDED CONTROLLING AUTHORITY by Bonner Electric, Inc., Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr & Duff, Inc., CBS Corporation, Chemical Products Corporation, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, Cogentrix Energy, L.L.C., ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box Inc., Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions Incorporated, Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, South Central Power Company, Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Weyerhaeuser Company, West Penn Power Company, Union Electric Company re #257 Memorandum in Support (Attachments: #1 Exhibit Niagara Mohawk Power v. Chevron U.S.) (Olson, Kurt) Modified on 7/20/2011 to clarify docket entry text. (Baker, C.) |
| Filing 299 NOTICE of Voluntary Dismissal as to City of Lakeland, Florida by Consolidation Coal Company, PCS Phosphate, Inc. (Darragh, Daniel) Modified on 7/20/2011 to insert dismissed party's name. (Baker, C.) |
| Filing 298 NOTICE of Voluntary Dismissal as to Dorey Electric Company by Consolidation Coal Company, PCS Phosphate, Inc. (Darragh, Daniel) Modified on 7/20/2011 to insert dismissed party's name. (Baker, C.) |
| Motions Submitted: #254 Joint MOTION to Dismiss, #251 MOTION to Dismiss, #256 Joint MOTION to Dismiss, #253 MOTION to Dismiss, #252 MOTION to Dismiss, #283 Amicus Brief submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 297 REPLY to Response to Motion re #251 MOTION to Dismiss Plaintiffs' Second Amended Complaints and PCS Phosphate's Cross-Claims for Lack of Personal Jurisdiction filed by East Kentucky Power Cooperative, Inc. (Attachments: #1 Affidavit of James D. Caudill, #2 Exhibit 1 to Affidavit of James D. Caudill, #3 Exhibit 2 to Affidavit of James D. Caudill, #4 Exhibit 3 to Affidavit of James D. Caudill, #5 Exhibit 4 to Affidavit of James D. Caudill) (Carmichael, Carson) |
| Filing 296 REPLY to Response to Motion re #254 Joint MOTION to Dismiss For Failure To State Claims (Reply to Plaintiffs' Joint Response to Cogentrix's Addendum to All Defendants' Omnibus Motion to Dismiss) filed by Cogentrix Energy, L.L.C. (Byrne, Michael) |
| Filing 295 REPLY to Response to Motion re #252 MOTION to Dismiss filed by Central Regional Hospital, Cherry Hospital, North Carolina State University is a constituent of the University of North Carolina, O'Berry Neuro-Medical Center, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3) (Byrne, Michael) |
| Filing 294 REPLY to Response to Motion re #253 MOTION to Dismiss filed by Union Electric Company. (Rigsby, Jesse) |
| Filing 293 REPLY to Response to Motion re #254 Joint MOTION to Dismiss For Failure To State Claims - Joint Reply to Plaintiffs' Opposition to Defendants' (Phoenix, IES and ASC's) Motion to Dismiss filed by Phoenix Solutions Company, American Skiing Company, Integrated Electrical Services, Inc.. (Johnson, Keith) |
| Filing 292 NOTICE of Appearance for Joshua H. Bennett and non-district counsel John W. Kalich on behalf of Alcan Primary Products Corporation (Kalich, John) |
| Filing 291 RESPONSE to #283 the United States Brief as Amicus Curiae in Opposition to Defendants' Omnibus Motion to Dismiss filed by Bonner Electric, Inc., City of Dover, Delaware, Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, P. C. Campana, Inc., Phoenix Solutions Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Bedford Rural Electric Cooperative, Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Carr & Duff, Inc., Caterpillar Inc., Celanese Corporation, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corp., Dean's Light Box Inc., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Dorey Electric Company, Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, G&S Motor Equipment Company, Inc., General Extrusions Incorporated, Georgia Power Company, Veolia Environmental Services Waste-to-Energy, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Imerys Carbonates, L.L.C., Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, NL Industries, Inc., Norfolk Southern Railway Company, North Carolina State University is a constituent of the University of North Carolina, North Georgia Electric Membership Corporation, Nucor Corporation, O'Berry Neuro-Medical Center, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Peace College of Raleigh, Inc., Potamac Electric Power Company, PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, T and R Electric Supply Company, Inc., Tennessee Electro-Minerals Inc., Trap Rock Industries Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, United Technologies Corporation, Pratt & Whitney Division, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Washington Suburban Sanitary Commission, Weyerhaeuser Company, West Penn Power Company, Town of Blackstone, Virginia, Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, CBS Corporation, Cogentrix Energy, L.L.C., CSX Residual Company, Frontier Communications Corporation, General Electric Company, Koch Industries Inc., Niagara Mohawk Power Corporation d/b/a National Grid, Occidental Chemical Corporation, Pharmacia Corporation, Power Machinery Company. (Attachments: #1 Exhibit 1 - Unpublished Case, #2 Exhibit 2 - Unpublished Case, #3 Exhibit 3 - Notice of Dismissal, #4 Exhibit 4 - US Brief, #5 Exhibit 5 - US Brief, #6 Exhibit 6 - US Brief, #7 Exhibit 7 - US Brief, #8 Exhibit 8 - US Motion, #9 Exhibit 9 - US Brief, #10 Exhibit 10 - US Motion, #11 Exhibit 11 - Unpublished Case) (Fedder, Jane) Modified on 12/16/2009 to insert naming conventions for exhibits (Baker, C.). |
| Filing 290 RESPONSE re #283 Response to Motion, Reply to the United States' Amicus Brief filed by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 289 NOTICE by Washington Suburban Sanitary Commission Notice of Appearance as Co-Counsel by Jane Fedder, Julia Bright and John Slosson. (Fedder, Jane) |
| Filing 287 Memorandum in Opposition re #254 Joint MOTION to Dismiss For Failure To State Claims, #255 Memorandum in Support - Joint Memorandum in Opposition to Defendants' Motion to Dismiss Based on Allegations of Corporate Successor Liability filed by PCS Phosphate, Inc. (Attachments: #1 Exhibit 1 - Information Supporting Successor Liability, #2 Exhibit 2 - Unpublished Cases) (Story, Jane) |
| Filing 286 RESPONSE to Motion re #252 MOTION to Dismiss (Plaintiffs' Joint Response) filed by Consolidation Coal Company. (Attachments: #1 Exhibit 1) (Darragh, Daniel) |
| Filing 285 RESPONSE to Motion re #254 Joint MOTION to Dismiss For Failure To State Claims / Plaintiffs' Joint Response to Defendant Cogentrix Energy, LLC's Motion to Dismiss for Failure to Join an Indispensible Party filed by Consolidation Coal Company. (Attachments: #1 Exhibit A, #2 Exhibit B - Part 1, #3 Exhibit B - Part 2, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H) (Darragh, Daniel) |
| Filing 284 Memorandum in Opposition re #251 MOTION to Dismiss Plaintiffs' Second Amended Complaints and PCS Phosphate's Cross-Claims for Lack of Personal Jurisdiction, #253 MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) and in the Alternative MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) and in the Alternative MOTION to Dismiss under FRCP 12(b)(6) for Failure to State Claims for Relief MOTION to Dismiss under FRCP 12(b)(6) for Failure to State Claims for Relief filed by Consolidation Coal Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part 1, #4 Exhibit C - Part 2) (Darragh, Daniel) |
| Filing 283 RESPONSE to Motion re #254 Joint MOTION to Dismiss For Failure To State Claims - United States' Brief as Amicus Curiae filed by United States Environmental Protection Agency. (Attachments: #1 Exhibit A - Slip Opinion, Boy Blue, Inc. v. Zomba Recording, LLC, #2 Exhibit B - Unpublished Opinion, Reichhold, Inc. v. U.S. Metals Refining Co.) (Jonas, Lori) |
| Filing 282 NOTICE of Appearance by Lori B. Jonas on behalf of United States Environmental Protection Agency (Jonas, Lori) |
| Filing 281 REPLY to Response to Motion re #256 Joint MOTION to Dismiss Count I of the Second Amended Complaints filed by Bonner Electric, Inc., Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr & Duff, Inc., CBS Corporation, Chemical Products Corporation, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, Cogentrix Energy, L.L.C., ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box Inc., Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions Incorporated, Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, South Central Power Company, Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Weyerhaeuser Company, West Penn Power Company. (Hayward, Jeffrey) |
| Filing 280 REPLY to Response to Motion re #254 Joint MOTION to Dismiss For Failure To State Claims Omnibus Reply filed by Consolidation Coal Company, Bonner Electric, Inc., City of Dover, Delaware, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, Phoenix Solutions Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Bedford Rural Electric Cooperative, Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Carr & Duff, Inc., Caterpillar Inc., Celanese Corporation, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corp., Dean's Light Box Inc., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Dorey Electric Company, Duquesne Light Company, Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, General Extrusions Incorporated, Veolia Environmental Services Waste-to-Energy, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Green Circle Growers, Inc., Greenwood Mills, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Imerys Carbonates, L.L.C., Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, NL Industries, Inc., Norfolk Southern Railway Company, North Carolina State University is a constituent of the University of North Carolina, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Palmetto Electric Cooperative, Inc., Peace College of Raleigh, Inc., Potamac Electric Power Company, PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, T and R Electric Supply Company, Inc., Tennessee Electro-Minerals Inc., Trap Rock Industries Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, United Technologies Corporation, Pratt & Whitney Division, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, Weyerhaeuser Company, West Penn Power Company, Union Electric Company, Town of Blackstone, Virginia, Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, CBS Corporation, CSX Residual Company, Frontier Communications Corporation, General Electric Company, Koch Industries Inc., Niagara Mohawk Power Corporation d/b/a National Grid, Occidental Chemical Corporation, Pharmacia Corporation, Power Machinery Company, American Electric Corporation. (Attachments: #1 Exhibit Unpublished Authorities) (Fedder, Jane) Modified on 12/1/2009 exclude Georgia Power per filing attorney request. (Fogle, L.). |
| Filing 279 REPLY to Response to Motion re #254 Joint MOTION to Dismiss For Failure To State Claims Reply of the "Useful Sales Transaction Defendants" filed by Huntsville Utilities, P. C. Campana, Inc., Cogentrix Energy, L.L.C., Duke Energy Carolinas, L.L.C., East Kentucky Power Cooperative, Inc., G&S Motor Equipment Company, Inc., Georgia Power Company, Guernsey-Muskingum Electric Cooperative, Inc., Pactiv Corporation. (Attachments: #1 Exhibit Exhibit A) (Flax, Gregory) |
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Filing 278
ORDER granting #276 Motion for Leave to File Excess Pages. Having considered the arguments in support of and in opposition to the motion, the court allows expanded omnibus reply in these cases not to exceed fifteen pages. Signed by Chief Judge Louise Wood Flanagan on 11/25/09. Copies served electronically. (Baker, C.)
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| Motions Submitted: #276 MOTION for Leave to File Excess Pages submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 277 RESPONSE in Opposition re #276 MOTION for Leave to File Excess Pages filed by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 276 MOTION for Leave to File Excess Pages by Georgia Power Company. (Attachments: #1 Text of Proposed Order) (Parsons, Gavin) |
| Filing 275 Memorandum in Opposition re #254 Joint MOTION to Dismiss For Failure To State Claims, #255 Memorandum in Supportfiled by PCS Phosphate, Inc. (Attachments: #1 Index of Unpublished Cases) (Story, Jane) |
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Filing 274
ORDER denying #269 Motion for Extension of Time to File Response/Reply. Where the USA's motion at issue was allowed today in separate order, in its discretion, while denying defendants' request, any party may in the event amicus brief is filed, file response not later than fourteen (14) days thereafter, not to exceed ten (10) pages. Signed by Chief Judge Louise Wood Flanagan on 11/13/09. Copies served electronically. (Baker, C.)
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Filing 273
ORDER granting #268 United States' Motion for leave to participate as amicus curiae. The United States shall file its amicus curiae briefs, or notify the Court that it has elected not to file amicus curiae briefs, on or before December 1, 2009. The Court will take no action on the defendants' omnibusmotion to dismiss and motion to dismiss count 1 until that time. Signed by Chief Judge Louise Wood Flanagan on 11/13/09. Copies served electronically. (Baker, C.)
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| Filing 272 Memorandum in Opposition re #257 Memorandum in Support, #256 Joint MOTION to Dismiss filed by Consolidation Coal Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D) (Darragh, Daniel) |
| Filing 271 Memorandum in Opposition re #254 Joint MOTION to Dismiss For Failure To State Claims, #255 Memorandum in Support filed by Consolidation Coal Company. (Attachments: #1 Index of Exhibits, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E) (Darragh, Daniel) |
| Motions Submitted: #269 MOTION for Extension of Time to File Response/Reply submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 270 RESPONSE re #269 Response to Motion, (Joint) in Opposition to Defendants' Request for Additional Time to File Replies in Support of Defendants' Motions to Dismiss filed by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 269 RESPONSE to Motion re #268 MOTION seeking leave to participate as amicus curiae Defendants' Request for Additional Time to respond Should the Court Grant the United States Leave filed by Bonner Electric, Inc., Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, P. C. Campana, Inc., Phoenix Solutions Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Bedford Rural Electric Cooperative, Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Carr & Duff, Inc., Caterpillar Inc., Celanese Corporation, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corp., Dean's Light Box Inc., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Dorey Electric Company, Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, G&S Motor Equipment Company, Inc., General Extrusions Incorporated, Georgia Power Company, Veolia Environmental Services Waste-to-Energy, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Green Circle Growers, Inc., Greenwood Mills, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Midamerican Energy Company, Monongahela Power Company, NL Industries, Inc., Norfolk Southern Railway Company, O'Berry Neuro-Medical Center, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Peace College of Raleigh, Inc., Potamac Electric Power Company, PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, T and R Electric Supply Company, Inc., Trap Rock Industries Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division, Virginia Electric And Power Company, Warren Electric Cooperative, Inc., Washington Suburban Sanitary Commission, Weyerhaeuser Company, West Penn Power Company, Union Electric Company, Owen Electric Steel Company of South Carolina, and/or SMI Owen Steel complany, Inc., and/or SMI Steel, Cooper Industries, Inc., Cotter Electric Company, Endicott Clay Products Company, Surry Yadkin Electric Membership Corporation, Tennessee Associated Electric, Inc. or Tennessee Associated Electric, Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, CBS Corporation, Cogentrix Energy, L.L.C., CSX Residual Company, Frontier Communications Corporation, General Electric Company, Koch Industries Inc., Niagara Mohawk Power Corporation d/b/a National Grid, Occidental Chemical Corporation, Pharmacia Corporation, Power Machinery Company, American Electric Corporation. (Attachments: #1 Text of Proposed Order Proposed Order Granting Extension of Time Should the Court Grant the United States Leave to Participate as Amicus Curiae) (Fedder, Jane) Modified on 11/12/2009 to open motion event (Baker, C.). |
| Filing 268 MOTION seeking leave to participate as amicus curiae by United States Environmental Protection Agency. (Attachments: #1 Text of Proposed Order seeking leave to participate as amicus curiae) (Renfer, R.) |
| Motions Submitted: #268 MOTION seeking leave to participate as amicus curiae submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 267 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #268 * - MOTION for leave to participate as Amicus Curiae by United States Environmental Protection Agency. (Attachments: #1 Text of Proposed Order Granting US Motion Seeking Leave to Participate as Amicus Curiae) (Renfer, R.) Modified on 11/12/2009 to include refiling information (Baker, C.). |
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Filing 266
ORDER granting #265 Motion for Extension of Time to File Response/Reply. Plaintiffs' and Defendant/Cross-Claimant's Responses to the individual Motions to Dismiss of the Defendants listed in paragraphs 1-5 in the attached order are due on or before 12/03/09. Signed by Chief Judge Louise Wood Flanagan on 11/02/09. Copies served electronically. (Baker, C.)
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| Filing 265 Joint MOTION for Extension of Time to File Response/Reply as to #254 Joint MOTION to Dismiss For Failure To State Claims, #255 Memorandum in Support - (Consented to) by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order) (Darragh, Daniel) |
| Motions Submitted: #265 Joint MOTION for Extension of Time to File Response/Reply submitted to Chief Judge Flanagan. (Baker, C.) |
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Filing 264
ORDER - Discovery is stayed pending this court's disposition of defendants' motions to dismiss now of record. Responses to the motions as earlier provided are due on or before November 13, 2009, and any replies on or before November 30, 2009. Good cause having been shown, the court extends the scope of the stay also to embrace any further responses to cross-claims of record. (See ORDER for further details regarding scope of the Court's Stay Order). Upon decision on the motions, the court promptly will address a program for discovery and related case management issues. Liaison counsel are not now appointed. Defendants will be directed to appoint liaison counsel after decision on the motions to dismiss, in recognition of defendants' similar interests with respect to the legal issues then remaining for decision. Signed by Chief Judge Louise Wood Flanagan on 10/26/09. Copies served electronically. (Baker, C.)
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| Filing 263 NOTICE of Appearance by Cynthia M. Currin on behalf of Bedford Rural Electric Cooperative, Inc. (Currin, Cynthia) |
| Filing 262 Memorandum in Support re #257 Memorandum in Support - Corrected Addendum No. 3 filed by East Kentucky Power Cooperative, Inc. (Fedder, Jane) |
| Filing 261 OFFICIAL TRANSCRIPT of Status Conference Proceedings Consolidated held on 10/2/09, before Judge Daniel. Transcriber Janice Russell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 11/5/2009. Redacted Transcript Deadline set for 11/16/2009. Release of Transcript Restriction set for 1/13/2010. (Steele, F.) |
| NOTICE of Filing of Official Transcript #261 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.) |
| Filing 260 NOTICE by Bonner Electric, Inc., Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr & Duff, Inc., CBS Corporation, Chemical Products Corporation, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, Cogentrix Energy, L.L.C., ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box Inc., Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions Incorporated, Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, South Central Power Company, Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Weyerhaeuser Company, West Penn Power Company re #257 Memorandum in Support - Unpublished Cases (Attachments: #1 Supplement Unpublished Case 1, Part 2, #2 Supplement Unpublished Case 2, Part 1, #3 Supplement Unpublished Case 2, Part 2) (Olson, Kurt) |
| Filing 259 Proposed Order re #253 MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) and in the Alternative and in the Alternative MOTION to Dismiss under FRCP 12(b)(6) for Failure to State Claims for Relief filed by Union Electric Company. (Rigsby, Jesse) |
| Filing 258 Proposed Order re #256 Joint MOTION to Dismiss filed by Bonner Electric, Inc., Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr & Duff, Inc., CBS Corporation, Chemical Products Corporation, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, Cogentrix Energy, L.L.C., ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box Inc., Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions Incorporated, Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, South Central Power Company, Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Weyerhaeuser Company, West Penn Power Company. (Olson, Kurt) |
| Filing 257 Memorandum in Support re #256 Joint MOTION to Dismiss filed by Bonner Electric, Inc., Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr & Duff, Inc., CBS Corporation, Chemical Products Corporation, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, Cogentrix Energy, L.L.C., ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box Inc., Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions Incorporated, Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, South Central Power Company, Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Weyerhaeuser Company, West Penn Power Company. (Olson, Kurt) |
| Filing 256 Joint MOTION to Dismiss by Bonner Electric, Inc., Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., P. C. Campana, Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Carlisle Syntec Incorporated, Carr & Duff, Inc., CBS Corporation, Chemical Products Corporation, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, Cogentrix Energy, L.L.C., ConocoPhillips Company, Cooper Tire & Rubber Company, CSX Residual Company, Dean's Light Box Inc., Domtar Paper Company, L.L.C., Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Environmental Protection Services, Inc., Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, General Extrusions Incorporated, Georgia Power Company, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Lockwood's Electric Motor Service, Midamerican Energy Company, Monongahela Power Company, Norfolk Southern Railway Company, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Pactiv Corporation, Palmetto Electric Cooperative, Inc., Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, South Central Power Company, Sumter Electric Cooperative, Inc. d/b/a SECO Energy, Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Weyerhaeuser Company, West Penn Power Company. Responses due by 11/13/2009 (Olson, Kurt) |
| Filing 255 Memorandum in Support re #254 Joint MOTION to Dismiss For Failure To State Claims filed by Bonner Electric, Inc., City of Dover, Delaware, Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, P. C. Campana, Inc., Phoenix Solutions Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Bedford Rural Electric Cooperative, Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Carr & Duff, Inc., Caterpillar Inc., Celanese Corporation, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corp., Dean's Light Box Inc., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Dorey Electric Company, Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, G&S Motor Equipment Company, Inc., General Extrusions Incorporated, Georgia Power Company, Veolia Environmental Services Waste-to-Energy, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Imerys Carbonates, L.L.C., Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, NL Industries, Inc., Norfolk Southern Railway Company, North Carolina State University is a constituent of the University of North Carolina, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Peace College of Raleigh, Inc., Potamac Electric Power Company, PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, T and R Electric Supply Company, Inc., Tennessee Electro-Minerals Inc., Trap Rock Industries Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, United Technologies Corporation, Pratt & Whitney Division, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, Weyerhaeuser Company, West Penn Power Company, Union Electric Company, Town of Blackstone, Virginia, Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc., CBS Corporation, Cogentrix Energy, L.L.C., CSX Residual Company, Frontier Communications Corporation, General Electric Company, Koch Industries Inc., Niagara Mohawk Power Corporation d/b/a National Grid, Occidental Chemical Corporation, Pharmacia Corporation. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 2-A, #4 Exhibit 2-B, #5 Exhibit 2-C, #6 Exhibit 2-D, #7 Exhibit 2-E, #8 Supplement Addendum to Omnibus Motion to Dismiss) (Fedder, Jane) |
| Filing 254 Joint MOTION to Dismiss For Failure To State Claims by Pactiv Corporation, Bonner Electric, Inc., City of Dover, Delaware, Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, P. C. Campana, Inc., Phoenix Solutions Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, Baltimore Gas & Electric Company, BASF Corporation, Bayer Crop Science, Inc., Bedford Rural Electric Cooperative, Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Carr & Duff, Inc., Caterpillar Inc., CBS Corporation, Celanese Corporation, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, Cogentrix Energy, L.L.C., ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, CSX Residual Company, Danny Corp., Dean's Light Box Inc., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Dorey Electric Company, Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Frontier Communications Corporation, Furman University, G&S Motor Equipment Company, Inc., General Electric Company, General Extrusions Incorporated, Georgia Power Company, Veolia Environmental Services Waste-to-Energy, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Imerys Carbonates, L.L.C., Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries Inc., Kraft Foods Global, Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, Niagara Mohawk Power Corporation d/b/a National Grid, NL Industries, Inc., Norfolk Southern Railway Company, North Carolina State University is a constituent of the University of North Carolina, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Palmetto Electric Cooperative, Inc., Peace College of Raleigh, Inc., Pharmacia Corporation, Potamac Electric Power Company, PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, T and R Electric Supply Company, Inc., Tennessee Electro-Minerals Inc., Trap Rock Industries Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, United Technologies Corporation, Pratt & Whitney Division, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, Weyerhaeuser Company, West Penn Power Company, Union Electric Company, Town of Blackstone, Virginia. Responses due by 11/13/2009 (Attachments: #1 Text of Proposed Order) (Fedder, Jane) |
| Filing 253 MOTION to Dismiss for Lack of Jurisdiction under FRCP 12(b)(2) and in the Alternative, MOTION to Dismiss under FRCP 12(b)(6) for Failure to State Claims for Relief by Union Electric Company. Responses due by 11/13/2009 (Attachments: #1 Exhibit 1 -- Affidavit in Support of Union Electric's Motion to Dismiss) (Rigsby, Jesse) |
| Filing 252 MOTION to Dismiss by North Carolina Department of Agriculture and Consumer Services, Central Regional Hospital, Cherry Hospital, North Carolina State University is a constituent of the University of North Carolina, O'Berry Neuro-Medical Center, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina. (Byrne, Michael) |
| Filing 251 MOTION to Dismiss Plaintiffs' Second Amended Complaints and PCS Phosphate's Cross-Claims for Lack of Personal Jurisdiction by East Kentucky Power Cooperative, Inc. (Attachments: #1 Text of Proposed Order) (Carmichael, Carson) |
| Filing 250 NOTICE of Appearance by Sara Wyche Higgins and non-district counsel, Bonnie A. Barnett and Joshua M. Kaplowitz, on behalf of Trap Rock Industries Inc. (Higgins, Sara) |
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Filing 249
ORDER granting #248 Motion for Leave to File Excess Pages. Signed by Chief Judge Louise Wood Flanagan on 10/09/09. Copies served electronically. (Baker, C.)
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| Motions Submitted: #248 MOTION for Leave to File Excess Pages DEFENDANTS MOTION FOR WAIVER OF THE PAGE LIMITS FOR THEIR FORTHCOMING OMNIBUS MOTION TO DISMISS submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 248 MOTION for Leave to File Excess Pages DEFENDANTS MOTION FOR WAIVER OF THE PAGE LIMITS FOR THEIR FORTHCOMING OMNIBUS MOTION TO DISMISS by Georgia Power Company. (Attachments: #1 Text of Proposed Order) (Parsons, Gavin) |
| Filing 247 FINANCIAL DISCLOSURE STATEMENT by ConocoPhillips Company. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (DeGeorge, R.) |
| Filing 246 CORRECTED OFFICIAL TRANSCRIPT of THE CONSOLIDATED INITIAL CONFERENCE Proceedings held on 8/18/09, before Judge Flanagan, and David Daniel Magistrate Judge. Court Reporter Patricia Elliott. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Please review Attorney obligations regarding the redaction of electronic transcripts of court proceedings available on the court's #website.. Redaction Request due 10/28/2009. Redacted Transcript Deadline set for 11/9/2009. Release of Transcript Restriction set for 1/5/2010. (Steele, F.) |
| NOTICE of Filing of Official Transcript #246 Transcript. The parties have seven calendar days from the filing of the transcript to file a Notice of Intent to Request Redaction. The parties must also serve a copy on the court reporter or transcriber. After filing the Notice of Intent to Request Redaction, a party must submit to the court reporter or transcriber, within 21 calendar days of the filing of the transcript, a written statement indicating where the personal data identifiers to be redacted appear in the transcript. (Steele, F.) |
| Filing 244 Minute Entry for proceedings held before U.S. Magistrate Judge David W. Daniel in Raleigh, NC: Status Conference held on 10/2/2009. Issues bearing on case management and scheduling addressed. Deadline for Motions to Dismiss - 10/13/2009. Responses due - 11/13/2009. Replies due - 11/30/2009. (Court Reporter FTR Gold.) (Baker, C.) |
| Filing 243 RESPONSE re #168 Order Setting Hearing - DEFENDANTS' JOINT RESPONSE TO PLAINTIFFS' AND CROSSCLAIM PLAINTIFF'S JOINT SUBMISSION OF CASE MANAGEMENT ISSUES filed by North Carolina Department of Agriculture and Consumer Services, Phoenix Solutions Company, Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill Incorporated, Celanese Corporation, Central Regional Hospital, Cherry Hospital, Consumers Energy Company, Danny Corp., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Dorey Electric Company, Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Florida Power & Light Company, General Electric Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Town of Louisburg, North Carolina, LWB Refractories Company, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Peace College of Raleigh, Inc., Pharmacia Corporation, Potamac Electric Power Company, Sonoco Products Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division. (Johnson, Keith) |
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Filing 242
Order Setting Hearings - The status conference presently set for October 2, 2009, at 10:00 a.m. in Wilson, North Carolina will, for the convenience of counsel, be moved to 1:30 p.m. on October 2, 2009, in Courtroom #1, 7th floor of the Terry Sanford Federal Building in Raleigh, North Carolina. Signed by U.S Magistrate Judge David W. Daniel on 09/30/09. Copies served electronically. (Baker, C.)
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| Filing 245 Plaintiff's and PCS Phosphate's Joint Submission of Case Management Issues for Consideration at the October 2, 2009 Status Conference by Carolina Power & Light Company, Consolidation Coal Company, PCS Phospate Company, Inc. (Filed pursuant to directive from the Court.) (Baker, C.) (Baker, C.) |
| Filing 241 FINANCIAL DISCLOSURE STATEMENT by Midamerican Energy Company identifying Corporate Parent MidAmerican Energy Holdings Company, Corporate Parent MHEC Inc., Corporate Parent MidAmerican Funding, LLC, Corporate Parent Berkshire Hathaway, Inc. for Midamerican Energy Company. (Olson, Kurt) |
| Filing 240 FINANCIAL DISCLOSURE STATEMENT by Frontier Communications Corporation identifying Corporate Parent Frontier Communications Corporation for Frontier Communications Corporation. (Cottrell, Eric) |
| Filing 239 NOTICE of Appearance for non-district counsel by Jay C. Johnson on behalf of Frontier Communications Corporation (Johnson, Jay) |
| Filing 238 NOTICE of Appearance for non-district counsel by John S. Hahn on behalf of Frontier Communications Corporation (Hahn, John) |
| Filing 237 NOTICE of Appearance by Eric H. Cottrell on behalf of Frontier Communications Corporation (Cottrell, Eric) |
| Filing 236 FINANCIAL DISCLOSURE STATEMENT by Bayer Crop Science, Inc. identifying Corporate Parent Bayer CropScience Holding SA for Bayer Crop Science, Inc. (Olson, Kurt) |
| Filing 235 NOTICE of Appearance by Mary Maclean D Asbill on behalf of Domtar Paper Company, L.L.C. (Asbill, Mary) |
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Filing 234
ORDER granting #220 Motion for Entry of an Order Regarding Responsive Pleadings. Per this Court's Minute Entry docketed on August 19, 2009, PCS Phosphate Company, Inc. is required to file any counterclaim or cross-claim it intends to lodge on or before September 15, 2009. Motions to Dismiss are due within 4 weeks of that deadline. No other Defendant is required to file a responsive pleading until after the Motions to Dismiss are resolved. A process for streamlining further pleadings will be the subject of future Case Management Orders, if necessary. Signed by Chief Judge Louise Wood Flanagan on 09/18/09. Copies served electronically. (Baker, C.)
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| Filing 233 NOTICE of Change of Address by Stanley B. Green (Green, Stanley) |
| Filing 232 NOTICE of Appearance by Marcus A. Manos and Joan Wash Hartley on behalf of Greenwood Mills, Inc., Palmetto Electric Cooperative, Inc., Santee Electric Cooperative, Inc. (Manos, Marcus) |
| Filing 231 NOTICE of Appearance by Marcus A. Manos and Joan Wash Hartley on behalf of Warren Electric Cooperative, Inc. (Manos, Marcus) |
| Filing 230 NOTICE of Appearance by Marcus A. Manos and Joan Wash Hartley on behalf of Integrated Electrical Services, Inc. (Manos, Marcus) |
| Filing 229 NOTICE of Appearance by Marcus A. Manos and Joan Wash Hartley on behalf of Bedford Rural Electric Cooperative, Inc. (Manos, Marcus) |
| Filing 228 NOTICE of Appearance by Joan Wash Hartley, Marcus A. Manos and non-district counsel, William T. Lavender, Jr. on behalf of Bedford Rural Electric Cooperative, Inc., Greenwood Mills, Inc., Integrated Electrical Services, Inc., Palmetto Electric Cooperative, Inc., Santee Electric Cooperative, Inc., Warren Electric Cooperative, Inc. (Lavender, William) |
| Filing 227 NOTICE of Appearance by Joan Wash Hartley and Marcus A. Manos on behalf of Greenwood Mills, Inc., Palmetto Electric Cooperative, Inc., Santee Electric Cooperative, Inc. (Hartley, Joan) |
| Filing 226 NOTICE of Appearance by Joan Wash Hartley and Marcus A. Manos on behalf of Warren Electric Cooperative, Inc. (Hartley, Joan) |
| Filing 225 NOTICE of Appearance by Joan Wash Hartley and Marcus A. Manos on behalf of Integrated Electrical Services, Inc. (Hartley, Joan) |
| Filing 224 NOTICE of Appearance by Joan Wash Hartley and Marcus A. Manos on behalf of Bedford Rural Electric Cooperative, Inc. (Hartley, Joan) |
| Filing 223 NOTICE of Appearance by John Watson Bowers and non-district counsel, Donald J. Camerson, II and Kirsten K. O'Callaghan, on behalf of 3M Company (Bowers, John) |
| Filing 222 NOTICE of Appearance by John Watson Bowers and non-district counsel, Donald J. Camerson, II and Kirsten K. O'Callaghan, on behalf of Kraft Foods Global, Inc. (Bowers, John) |
| Motions Submitted: #220 Joint MOTION Entry of an Order Regarding Responsive Pleadings submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 221 NOTICE of Appearance by Steven K. McCallister, Kiernan J. Shanahan, and non-district counsel, Kevin D. Margolis and Gregory J. Lucht, on behalf of Green Circle Growers, Inc. (McCallister, Steven) |
| Filing 220 Joint MOTION Entry of an Order Regarding Responsive Pleadings by City of Dover, Delaware, Owen Electric Steel Company of South Carolina, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., North Carolina Department of Agriculture and Consumer Services, Phoenix Solutions Company, American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, Baltimore Gas & Electric Company, BASF Corporation, Bayer Crop Science, Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Caterpillar Inc., Celanese Corporation, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, CHRISTUS Health Northern Louisiana, Cogentrix Energy, L.L.C., Consumers Energy Company, Cooper Tire & Rubber Company, CSX Residual Company, Danny Corp., Dean's Light Box Inc., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Dorey Electric Company, Duquesne Light Company, Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, General Electric Company, General Extrusions Incorporated, Georgia Power Company, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, International Paper Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Koch Industries Inc., Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Niagara Mohawk Power Corporation d/b/a National Grid, Norfolk Southern Railway Company, North Carolina State University is a constituent of the University of North Carolina, Nucor Corporation, O'Berry Neuro-Medical Center, Occidental Chemical Corporation, Peace College of Raleigh, Inc., Pharmacia Corporation, Potamac Electric Power Company, PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina, Virginia Electric And Power Company, Weyerhaeuser Company, Town of Blackstone, Virginia. (Olson, Kurt) |
| Filing 219 NOTICE of Appearance for non-district counsel by Meghan M. Hubbard on behalf of Union Electric Company (Hubbard, Meghan) |
| Filing 218 COUNTERCLAIM against Consolidation Coal Company, CROSSCLAIM against Bonner Electric, Inc., City of Dover, Delaware, Owen Electric Steel Company of South Carolina, Huntsville Utilities, Jet Electric Motor Co., Inc., LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc., New Southern of Rocky Mount, Inc., North Carolina Department of Agriculture and Consumer Services, P. C. Campana, Inc., Phoenix Solutions Company, 3M Company, Alcan Primary Products Corporation, Alcoa Inc., American Skiing Company, Apogee Coal Company, L.L.C., Appalachian Power Company, Arkema, Inc., Atlantic City Electric Company, BASF Corporation, Bedford Rural Electric Cooperative, Inc., Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Bruce-Merrilees Electric Company, Buist Electric Inc., Cape Hatteras Electric Membership Corporation, Cargill Incorporated, Carlisle Syntec Incorporated, Carr & Duff, Inc., Caterpillar Inc., Celanese Corporation, Central Regional Hospital, Chemical Products Corporation, Cherry Hospital, CHRISTUS Health Northern Louisiana, Cleveland Electric Company, ConocoPhillips Company, Consumers Energy Company, Cooper Tire & Rubber Company, Danny Corp., Dean's Light Box Inc., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Domtar Paper Company, L.L.C., Dorey Electric Company, Duke Energy Carolinas, L.L.C., Duquesne Light Company, East Kentucky Power Cooperative, Inc., Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Environmental Protection Services, Inc., EraChem Comilog Inc., Florida Power & Light Company, Foremost Electric & Transmission, Inc., Furman University, G&S Motor Equipment Company, Inc., General Extrusions Incorporated, Georgia Power Company, Veolia Environmental Services Waste-to-Energy, GKN Driveline North American, Inc., Gladieux Trading & Marketing Company, L.P., Glenwood Regional Medical Center, Green Circle Growers, Inc., Greenwood Mills, Inc., Guernsey-Muskingum Electric Cooperative, Inc., Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., Hudson Light and Power Department, Imerys Carbonates, L.L.C., Integrated Electrical Services, Inc., International Paper Company, International Power Machinery Company, Intertape Polymer Group, Inc., Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Kraft Foods Global, Inc., The City of Lakeland, Florida, Lockwood's Electric Motor Service, Town of Louisburg, North Carolina, LWB Refractories Company, Martin Marietta Materials, Inc., Midamerican Energy Company, Monongahela Power Company, NL Industries, Inc., Norfolk Southern Railway Company, North Carolina State University is a constituent of the University of North Carolina, North Georgia Electric Membership Corporation, Northrop Grumman Shipbuilding, Inc., Nucor Corporation, O'Berry Neuro-Medical Center, Pactiv Corporation, Palmetto Electric Cooperative, Inc., Peace College of Raleigh, Inc., Potamac Electric Power Company, PPL Electric Utilities Corporation, Royal Street Junk Company, Inc., Santee Electric Cooperative, Inc., Sara Lee Corporation d/b/a Hillshire Farms, Sonoco Products Company, South Central Power Company, Southland Electrical Supply, Inc., St. Joseph Medical Center, Inc., Sumter Electric Cooperative, Inc. d/b/a SECO Energy, T and R Electric Supply Company, Inc., Tennessee Electro-Minerals Inc., Trap Rock Industries Inc., Tredegar Film Products Corporation, Tri-State Armature & Electrical Works, Inc., Unimin Corporation, Union Carbide Corporation, United Technologies Corporation, Pratt & Whitney Division, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina, Virginia Electric And Power Company, Vulcan Construction Materials, L.P., Warren Electric Cooperative, Inc., Wartburg College, Washington Suburban Sanitary Commission, Weyerhaeuser Company, West Penn Power Company, Union Electric Company, Town of Blackstone, Virginia, filed by PCS Phosphate, Inc. (Story, Jane) |
| Filing 217 CROSSCLAIM (ADDITIONAL) against Baltimore Gas & Electric Company, Bayer Crop Science, Inc., Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies, CBS Corporation, Cogentrix Energy, L.L.C., CSX Residual Company, Frontier Communications Corporation, General Electric Company, Koch Industries Inc., Niagara Mohawk Power Corporation d/b/a National Grid, Occidental Chemical Corporation, Pharmacia Corporation, filed by PCS Phosphate, Inc. (Cowan, J.) |
| Filing 216 NOTICE of Appearance by Susan H. Briggs and non-district counsel, Peter T. Stinson, on behalf of Carlisle Syntec Incorporated (Stinson, Peter) |
| Filing 215 NOTICE of Appearance for non-district by Joseph F. Madonia on behalf of Union Electric Company (Madonia, Joseph) |
| Filing 214 NOTICE of Appearance for non-district by Brian K. Lewallen on behalf of Caterpillar Inc. (Attachments: #1 Exhibit Electronic Filing Attorney Registration Form) (Lewallen, Brian) |
| Filing 213 NOTICE of Appearance by Sara Wyche Higgins and non-district counsel, Bonnie A. Barnett and Joshua M. Kaplowitz, on behalf of Niagara Mohawk Power Corporation d/b/a National Grid, PPL Electric Utilities Corporation (Higgins, Sara) |
| Filing 212 NOTICE of Appearance by R. Dennis Fairbanks and non-district counsel, John A. Sheehan, on behalf of Alcoa Inc., Tredegar Film Products Corporation (Fairbanks, R.) |
| Filing 211 FINANCIAL DISCLOSURE STATEMENT by Lockwood's Electric Motor Service. (Risinger, Bradley) |
| Filing 210 FINANCIAL DISCLOSURE STATEMENT by Apogee Coal Company, L.L.C. identifying Corporate Parent New Trout Coal Holdings II, LLC, Corporate Parent Magnum Coal, Corporate Parent Patriot Coal Corporation for Apogee Coal Company, L.L.C. (Risinger, Bradley) |
| Filing 209 NOTICE of Appearance by Bradley M. Risinger and non-district counsel, David Restaino, on behalf of Lockwood's Electric Motor Service (Risinger, Bradley) |
| Filing 208 NOTICE of Appearance by Bradley M. Risinger and non-district counsel, Frank H. Hackmann, on behalf of Apogee Coal Company, L.L.C. (Risinger, Bradley) |
| Filing 207 NOTICE of Appearance by Julia G. Mimms and Benjamin L. Pfefferle on behalf of Guernsey-Muskingum Electric Cooperative, Inc. (Mimms, Julia) |
| Filing 206 NOTICE of Appearance by Catherine W. Cralle-Jones and F. Bryan Brice, Jr. on behalf of Hudson Light and Power Department (Cralle-Jones, Catherine) |
| Filing 205 NOTICE of Appearance by Catherine W. Cralle-Jones and F. Bryan Brice, Jr. on behalf of Baltimore Gas & Electric Company (Cralle-Jones, Catherine) |
| Filing 204 NOTICE of Appearance by Bret W. Jedele on behalf of Jet Electric Motor Co., Inc. (Jedele, Bret) |
| Filing 203 FINANCIAL DISCLOSURE STATEMENT by Dean's Light Box Inc. (Lewis, J.) |
| Filing 202 NOTICE of Appearance by J. Scott Lewis on behalf of Dean's Light Box Inc. (Lewis, J.) |
| Filing 201 NOTICE of Appearance by Joshua H. Bennett, Richard V. Bennett, and non-district counsel, A. Bruce White and John W. Kalich, on behalf of Alcan Primary Products Corporation (Bennett, Joshua) |
| Filing 200 NOTICE of Appearance for non-district counsel Ben L. Pfefferle and Julia G. Mimms on behalf of Guernsey-Muskingum Electric Cooperative, Inc. (Pfefferle, Ben) |
| Filing 199 NOTICE of Appearance for by Julie Mimms and non-district counsel, Gregory R. Flax, on behalf of Guernsey-Muskingum Electric Cooperative, Inc. (Flax, Gregory) |
| Filing 198 NOTICE of Appearance for non-district by Stephen L. Gordon on behalf of Cogentrix Energy, L.L.C. (Knaub, Zachary) Modified on 7/19/2011 to correct docket entry text. (Baker, C.) |
| Filing 197 NOTICE of Appearance for non-district by Zachary D. Knaub on behalf of Cogentrix Energy, L.L.C. (Knaub, Zachary) |
| Filing 196 NOTICE of Appearance by Joel A. Kramer on behalf of Washington Suburban Sanitary Commission (Kramer, Joel) |
| Filing 195 NOTICE of Appearance by Jessica E. Merrigan on behalf of Koch Industries Inc. (Merrigan, Jessica) |
| Filing 194 NOTICE of Appearance by Benjamin Freedman Sidbury, Anthony B. Taylor, Jr. and non-district counsel, Robery D. Moweryand Kristen Holloway Jones, on behalf of Northrop Grumman Shipbuilding, Inc. (Sidbury, Benjamin) |
| Filing 193 NOTICE of Appearance by Benjamin Freedman Sidbury, Anthony B. Taylor, Jr. and non-district counsel, Robert D. Mowery, Charles S. Conerly, and Kristen Holloway Jones, on behalf of North Georgia Electric Membership Corporation (Sidbury, Benjamin) |
| Filing 192 NOTICE of Appearance by Benjamin Freedman Sidbury, Anthony B. Taylor, Jr. and non-district counsel, Douglas Sheppard Arnold, Shelly Jacobs Ellerhorst, and Kristen Holloway Jones, on behalf of Imerys Carbonates, L.L.C., Tennessee Electro-Minerals Inc., Union Carbide Corporation, Vulcan Construction Materials, L.P. (Sidbury, Benjamin) |
| Filing 191 NOTICE of Appearance by Norman W. Shearin, Jr. on behalf of Cape Hatteras Electric Membership Corporation (Shearin, Norman) |
| Filing 190 NOTICE of Appearance by Patrick A. Genzler and Norman Shearin on behalf of Cape Hatteras Electric Membership Corporation (Genzler, Patrick) |
| Filing 189 FINANCIAL DISCLOSURE STATEMENT by Duke Energy Carolinas, LLC, Duke Energy Carolinas, L.L.C. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Green, Stanley) |
| Filing 188 Renewed NOTICE of Appearance by Jesse Huntsman Rigsby, IV on behalf of Union Electric Company now known as Ameren Corporation or AmerenUE Corporation (Rigsby, Jesse) |
| Filing 187 NOTICE of Appearance by Stanley B. Green on behalf of Duke Energy Carolinas, L.L.C. (Green, Stanley) |
| Filing 186 NOTICE of Appearance by Grady L. Shields and non-district counsel, Jessica E. Merrigan, on behalf of Koch Industries Inc. (Shields, Grady) |
| Filing 185 NOTICE of Voluntary Dismissal as to United States Department of the Army, United States Department of the Air Force, United States Department of the Navy, The Central Intelligence Agency, United States Defense Logistics Agency, and Tennesee Valley Authority by Consolidation Coal Company (Darragh, Daniel) Modified on 7/19/2011 to insert names of dismissed parties. (Baker, C.) |
| Filing 184 NOTICE of Appearance by Andrew H. Erteschik on behalf of Central Regional Hospital, Cherry Hospital, Dorey Electric Company, Town of Louisburg, North Carolina, O'Berry Neuro-Medical Center, Peace College of Raleigh, Inc. (Erteschik, Andrew) |
| Filing 183 NOTICE of Appearance by Keith Harrison Johnson on behalf of Central Regional Hospital, Cherry Hospital, Dorey Electric Company, Town of Louisburg, North Carolina, O'Berry Neuro-Medical Center, Peace College of Raleigh, Inc. (Johnson, Keith) |
| Filing 182 NOTICE of Appearance by C. Scott Spear on behalf of The Central Intelligence Agency, Tennessee Valley Authority (Spear, C.) |
| Filing 181 NOTICE of Appearance by C. Scott Spear on behalf of United States Defense Logistics Agency, United States Department of the Air Force, United States Department of the Army, United States Department of the Navy (Spear, C.) |
| Filing 180 NOTICE of Appearance by Ronald E. Cardwell and non district counsel, Lee Zimmerman amd Ethan R. Ware, on behalf of Furman University, Intertape Polymer Group, Inc. (Cardwell, Ronald) |
| Filing 179 NOTICE of Appearance by Mary Beth Deemer on behalf of PCS Phosphate, Inc. (Deemer, Mary Beth) |
| Filing 178 NOTICE of Appearance by Michael H. Ginsberg on behalf of PCS Phosphate, Inc. (Ginsberg, Michael) |
| Filing 177 NOTICE of Appearance by Jane Borthwick Story on behalf of PCS Phosphate, Inc. (Story, Jane) |
| Filing 176 NOTICE of Appearance by Ryan D. Dahl on behalf of PCS Phosphate, Inc. (Dahl, Ryan) |
| Filing 175 NOTICE of Appearance by Kurt J. Olson on behalf of American Skiing Company, Appalachian Power Company, Arkema, Inc., BASF Corporation, Bayer Crop Science, Inc., Chemical Products Corporation, Cooper Tire & Rubber Company, CSX Residual Company, Duquesne Light Company, Environmental Protection Services, Inc., EraChem Comilog Inc., Foremost Electric & Transmission, Inc., General Extrusions Incorporated, Haines & Kibblehouse, Inc., Holladay Property Services Midwest, Inc., International Paper Company, Jessop Steel Company n/k/a Jessop Steel, L.L.C., Kingsport Power Company, Kobe Copper Products, Inc., Midamerican Energy Company, Norfolk Southern Railway Company, Sara Lee Corporation d/b/a Hillshire Farms, South Central Power Company, Sumter Electric Cooperative, Inc. d/b/a SECO Energy (Olson, Kurt) |
| Filing 174 NOTICE of Appearance by Michael John Byrne, William A. White, David E. Fox and non-district counsel, Stephen Gordon and Zackary Knaub, on behalf of Cogentrix Energy, L.L.C. (Byrne, Michael) |
| Filing 173 NOTICE of Appearance by Michael John Byrne, David E. Fox and William A. White on behalf of Martin Marietta Materials, Inc., North Carolina State University as a constituent of the University of North Carolina, Nucor Corporation, University of North Carolina at Chapel Hill, a constituent institution of the University of North Carolina (Byrne, Michael) Modified on 7/25/2011 to correct docket entry text. (Baker, C.) |
| Filing 172 NOTICE of Appearance by Robert S. Adden, Jr on behalf of Pactiv Corporation (Adden, Robert) |
| Filing 171 NOTICE of Appearance for non-district counsel by Andrea L. Rimer on behalf of Virginia Electric And Power Company (Deak, D.) Modified on 7/19/2011 to clarify docket entry text. (Baker, C.) |
| Filing 170 NOTICE of Appearance by D. Kyle Deak and Patricia Kerner on behalf of Virginia Electric And Power Company (Deak, D.) Modified on 7/19/2011 to clarify docket entry text. (Baker, C.) |
| Filing 169 FINANCIAL DISCLOSURE STATEMENT by Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies identifying Corporate Parent Ventech, Inc. for Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies. (Brown, R.) |
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Filing 168
Order Setting Hearings - Status Conference set for 10/2/2009 at 10:00 AM in United States Bankruptcy Court, 1760-A Parkwood Boulevard W in Wilson, North Carolina before U.S. Magistrate Judge David W. Daniel. Signed by U.S. Magistrate Judge David W. Daniel on 09/04/09. Copies served electronically. (Baker, C.)
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| Filing 167 NOTICE of Appearance for non-district by Jeffrey B. Wagenbach on behalf of G&S Motor Equipment Company, Inc. (Wagenbach, Jeffrey) |
| Filing 166 NOTICE of Appearance for non-district by Stephen W. Smithson on behalf of G&S Motor Equipment Company, Inc. (Smithson, Stephen) |
| Filing 165 NOTICE of Appearance by Robert S. Adden, Jr. and non-district counsel, Raymond T. Reott and Becky J. Schanz, on behalf of Pactiv Corporation (Reott, Raymond) |
| Filing 164 NOTICE of Appearance by Jacob Holmes Wellman on behalf of Royal Street Junk Company, Inc. (Wellman, Jacob) |
| Filing 163 FINANCIAL DISCLOSURE STATEMENT by Weyerhaeuser Company (Hart, Scott) |
| Filing 162 FINANCIAL DISCLOSURE STATEMENT by Buist Electric Inc. (Bentz, Curtis) |
| Filing 161 NOTICE of Appearance by Curtis L. Bentz and non-district counsel, William E. Hvidsten, on behalf of Buist Electric Inc. (Bentz, Curtis) |
| Filing 160 NOTICE of Appearance by R. Steven DeGeorge on behalf of Bruce-Merrilees Electric Company, CBS Corporation, ConocoPhillips Company, Monongahela Power Company, West Penn Power Company (DeGeorge, R.) |
| Filing 159 NOTICE of Appearance by John C. Millberg and William H. Harkins, Jr. on behalf of Caterpillar Inc. (Millberg, John) |
| Filing 158 NOTICE of Appearance by Christopher G. Smith on behalf of Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Smith, Christopher) |
| Filing 157 NOTICE of Appearance by John S. Slosson on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill Incorporated, Celanese Corporation, Consumers Energy Company, Danny Corp., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Florida Power & Light Company, General Electric Company, GKN Driveline North American, Inc., 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., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division (Slosson, John) |
| Filing 156 NOTICE of Appearance for non-district counsel by Jeffrey J. Hayward on behalf of Georgia Power Company (Hayward, Jeffrey) |
| Filing 155 NOTICE of Appearance by Julia S. Bright on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill Incorporated, Celanese Corporation, Consumers Energy Company, Danny Corp., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Florida Power & Light Company, General Electric Company, GKN Driveline North American, Inc., 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., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division (Bright, Julia) |
| Filing 154 FINANCIAL DISCLOSURE STATEMENT by Georgia Power Company identifying Corporate Parent The Southern Company for Georgia Power Company. (Parsons, Gavin) |
| Filing 153 NOTICE of Appearance for non-district by Jane E. Fedder on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill Incorporated, Celanese Corporation, Consumers Energy Company, Danny Corp., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Florida Power & Light Company, General Electric Company, GKN Driveline North American, Inc., 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., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division (Fedder, Jane) |
| Filing 152 NOTICE of Appearance by Gavin Bryce Parsons and non-district counsel, Daniel S. Reinhardt, Hollister A. Hill and Jeffrey Hayward, on behalf of Georgia Power Company (Parsons, Gavin) |
| Filing 151 NOTICE of Appearance for non-district by Joseph G. Nassif on behalf of Atlantic City Electric Company, Blue Ridge Electric Cooperative, Inc., Broad River Electric Cooperative, Inc., Cargill Incorporated, Celanese Corporation, Consumers Energy Company, Danny Corp., Delmarva Power & Light Company, Dixon Lumber Company, Incorporated, Electric Control Equipment Company, Electric Equipment Corporation of Virginia, Florida Power & Light Company, General Electric Company, GKN Driveline North American, Inc., 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., T and R Electric Supply Company, Inc., Tri-State Armature & Electrical Works, Inc., Unimin Corporation, United Technologies Corporation, Pratt & Whitney Division (Nassif, Joseph) |
| Filing 150 NOTICE of Appearance by William H. Gifford, Jr. and non-district counsel, Jeffrey B. Wagenback and Stephen W. Smithson, on behalf of G&S Motor Equipment Company, Inc. (Gifford, William) |
| Filing 149 FINANCIAL DISCLOSURE STATEMENT by CHRISTUS Health Northern Louisiana (Bentz, Curtis) |
| Filing 148 NOTICE of Appearance by Curtis L. Bentz and non-district counsel, Robert O. Renbarger, on behalf of CHRISTUS Health Northern Louisiana (Bentz, Curtis) |
| Filing 147 NOTICE of Appearance by Paul I. Klein on behalf of NL Industries, Inc. (Klein, Paul) |
| Filing 146 NOTICE of Appearance by E. Hardy Lewis on behalf of Carr & Duff, Inc. (Lewis, E.) |
| Filing 145 NOTICE of Appearance for non-district by Jeffrey P. Wallack on behalf of Carr & Duff, Inc. (Wallack, Jeffrey) |
| Filing 144 NOTICE of Appearance by Brian J. Schoolman and non-district counsel, Herman L. Fussell, on behalf of Cleveland Electric Company (Schoolman, Brian) |
| Filing 143 NOTICE of Voluntary Dismissal as to M-P Electrical Contractors, Inc. by Consolidation Coal Company (Darragh, Daniel) Modified on 7/19/2011 to insert dismissed party's name. (Baker, C.) |
| Filing 142 NOTICE of Appearance by Scott C. Hart and non-district counsel, Charles K. Douthwaite, on behalf of Weyerhaeuser Company (Hart, Scott) |
| Filing 141 NOTICE of Appearance for non-district by Joel L Herz on behalf of NL Industries, Inc. (Herz, Joel) |
| Filing 140 NOTICE of Appearance by Caroline N. Belk and Christopher G. Smith on behalf of Carolina Power & Light Co., Inc. d/b/a Progress Energy Carolinas, Inc. (Belk, Caroline) |
| Filing 139 NOTICE of Appearance for non-district by Debora S. Lasch on behalf of International Power Machinery Company (Lasch, Debora) |
| Filing 138 FINANCIAL DISCLOSURE STATEMENT by International Power Machinery Company. (Sullivan, Sean) |
| Filing 137 NOTICE of Appearance by J. Donald Cowan, Jr on behalf of PCS Phosphate, Inc. (Cowan, J.) |
| Filing 136 NOTICE of Appearance by Sean Michael Sullivan on behalf of Power Machinery Company (Sullivan, Sean) |
| Filing 135 AMENDED COMPLAINT Second against all defendants, filed by Consolidation Coal Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C - Part 1, #4 Exhibit C - Part 2) (Darragh, Daniel) |
| Filing 134 FINANCIAL DISCLOSURE STATEMENT by Bonner Electric, Inc. (McKain, Ryan) |
| NOTICE OF DEFICIENCY re: #132 Declaration, #133 Declaration - Counsel is directed to re-file these documents using the appropriate event (i.e. Financial Disclosure Statement). (Baker, C.) |
| Filing 133 *DOCUMENT CORRECTED AND RE-FILED AT #134 * - Declaration of Corporate Affiliations by Bonner Electric, Inc. Associated Cases: 5:08-cv-00463-FL, 5:08-cv-00460-FL (McKain, Ryan) Modified on 8/31/2009 to include re-filing information (Baker, C.). |
| Filing 132 *DOCUMENT CORRECTED AND RE-FILED AT #134 * - Declaration of Corporate Affiliations by Bonner Electric, Inc. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (McKain, Ryan) Modified on 8/31/2009 to include re-filing information (Baker, C.). |
| Filing 130 NOTICE of Appearance by Edwin C. Hughes on behalf of Huntsville Utilities (Hughes, Edwin) |
| Filing 131 Minute Entry for proceedings held before Chief Judge Louise Wood Flanagan and United States Magistrate Judge David W. Daniel: Scheduling Conference held on 8/18/2009 in Raleigh. Counsel for all parties required to be in attendance. Issues bearing on case scheduling and management discussed. All pending motions to strike denied. Clerk to conform docket to reflect same. Any pending motions to excuse counsel from attendance at these proceedings denied. Clerk to conform docket to reflect same. Cases are to be consolidated with each plaintiff's original filed case to serve as lead case (i.e. 5:08-cv-460-FL for plaintiff Carolina Power & Light Company and 5:08-cv-463-FL for plaintiff Consolidated Coal Company). Each plaintiff is to file an Amended Complaint in its lead case within ten (10) days. Counterclaims and Crossclaims due within fourteen (14) days after filing and service of amended pleadings. Motions to Dismiss are due within four weeks of the Counterclaims/Crossclaims deadline. Court suspends 20-day mediator selection requirement. Rule 26(f) Initial Disclosures to be exchanged within twenty-one (21) days. Second status conference to convene before United States Magistrate Judge David W. Daniel subsequent to exchange of disclosures. Magistrate Judge Daniel to determine scheduling and structure of second conference. No written order to issue. (Attachments for court personnel use only.) (Court Reporter Patti Elliot.) (Attachments: #1 Court's Questions to Counsel, #2 Counsel Attendance Form) (Baker, C.) |
| Filing 129 NOTICE of Appearance by Reid C. Adams, Jr on behalf of Veolia Environmental Services Waste-to-Energy (Adams, Reid) |
| Filing 128 FINANCIAL DISCLOSURE STATEMENT by Phoenix Solutions Company. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Johnson, Keith) |
| Filing 127 NOTICE of Appearance by Keith Harrison Johnson on behalf of Phoenix Solutions Company (Johnson, Keith) |
| Filing 126 NOTICE of Appearance by Andrew H. Erteschik on behalf of Phoenix Solutions Company (Erteschik, Andrew) |
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ORAL ORDER denying #125 MOTION TO EXCUSE ATTENDANCE OF LOCAL COUNSEL AT THE AUGUST 18, 2009 HEARING. Entered by Chief Judge Louise Wood Flanagan on 08/18/09. (Baker, C.)
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| Filing 125 CONSENT MOTION TO EXCUSE ATTENDANCE OF LOCAL COUNSEL AT THE AUGUST 18, 2009 HEARING by Union Electric Company now known as Ameren Corporation or AmerenUE Corporation. (Beskind, Donald) |
| Filing 124 NOTICE of Appearance by Howard Clay Hodges, Jr on behalf of Bonner Electric, Inc. (Hodges, Howard) |
| Filing 123 NOTICE of Appearance by Donald J. Harris on behalf of Bonner Electric, Inc. (Harris, Donald) |
| Filing 122 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #124 * - NOTICE of Appearance by Donald J. Harris on behalf of Bonner Electric, Inc. (Harris, Donald) Modified on 7/19/2011 to insert refiling information. (Baker, C.) |
| Filing 121 NOTICE of Appearance for R. Scott Brown and non-district counsel, 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 (Brown, R.) |
| Filing 120 NOTICE of Appearance by Ryan K. McKain on behalf of Bonner Electric, Inc. (McKain, Ryan) |
| Filing 119 NOTICE of Appearance by Joseph P. Williams on behalf of Bonner Electric, Inc. (Williams, Joseph) |
| Filing 118 STATUS REPORT of certain defendants regarding appointment of liaison counsel by G&S Motor Equipment Company, Inc. (Gifford, William) |
| Filing 117 NOTICE of Appearance by Benjamin L. McArthur on behalf of Huntsville Utilities (McArthur, Benjamin) |
| Filing 116 NOTICE of Appearance by Nicholas James Voelker on behalf of Huntsville Utilities (Voelker, Nicholas) |
| Filing 115 *DOCUMENT CORRECTED AND REFILED AT DOCKET ENTRY #120 * - NOTICE of Appearance by Ryan P. McKain on behalf of Bonner Electric, Inc. (Williams, Joseph) Modified on 1/30/2013 to insert refiling information. (Baker, C.) |
| NOTICE TO COUNSEL OF CHANGE IN COURTROOM LOCATION for Consolidated Initial Conference set for 8/18/2009 at 02:00 PM in Raleigh - 7th Floor - Courtroom 1 before Chief Judge Louise Wood Flanagan. (Baker, C.) |
| Filing 114 NOTICE of Appearance by David J. Mazza on behalf of Veolia Environmental Services Waste-to-Energy (Mazza, David) |
| Filing 113 NOTICE of Voluntary Dismissal as to Kelly Generator & Equipment, Inc., and/or Kelly Electrical Construction, Inc., f/n/a Kelly & Bishop Electrical Construction, Inc., and or John E. Kelly & Sons Electrical Construction, Inc. by Consolidation Coal Company (Darragh, Daniel) Modified on 7/19/2011 to insert dismissed party's name. (Baker, C.) |
| Filing 112 FINANCIAL DISCLOSURE STATEMENT by Union Electric Company now known as Ameren Corporation or AmerenUE Corporation identifying Corporate Parent Ameren Corporation for Union Electric Company now known as Ameren Corporation or AmerenUE Corporation.. (Beskind, Donald) |
| Filing 111 NOTICE of Appearance by Donald H. Beskind, Meghan M. Hubbard, Jesse Huntsman Rigsby, IV and Joseph F. Madonia on behalf of Union Electric Company now known as Ameren Corporation or AmerenUE Corporation (Beskind, Donald) |
| Filing 110 WAIVER OF SERVICE Returned Executed by Consolidation Coal Company. Union Electric Company now known as Ameren Corporation or AmerenUE Corporation waiver sent on 7/17/2009, answer due 9/15/2009. (Darragh, Daniel) |
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Filing 109
AMENDED ORDER re #108 Order - No further filings are requested and, as such, the court strikes that provision of earlier order requiring submission of Rule 26(f) reports no later than August 15, 2009. That deadline and others will be considered at pending conference. Signed by Chief Judge Louise Wood Flanagan on 07/22/09. Copies served electronically. (Baker, C.)
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Filing 108
Order Setting Hearing - Consolidated Initial Conference set for 8/18/2009 at 02:00 PM in Raleigh - 7th Floor - Courtroom 2 before Chief Judge Louise Wood Flanagan. Defendants are encouraged now to consider the matter of liaison counsel and to make such report(s) in advance of initial conference as may promote a more efficient address at that conference. Said filing(s) shall be limited only to the topic of liaison counsel. No further filings are requested. Signed by Chief Judge Louise Wood Flanagan on 07/22/09. Copies served electronically. (Baker, C.)
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| Filing 107 RESPONSE (Joint) to Motion to Strike Part of Joint Status Report filed by American Skiing Company, et al. in related Action No. 5:09-CV-191-FL #198 filed by Consolidation Coal Company. (Darragh, Daniel) *Clerk's Note - No Motion to Strike has been filed in this action*. Modified on 8/7/2009 to include clerk's note. (Baker, C.). |
| Filing 106 FINANCIAL DISCLOSURE STATEMENT by Jet Electric Motor Co., Inc. Associated Cases: 5:08-cv-00460-FL, 5:08-cv-00463-FL (Hopf, James) |
| Filing 105 NOTICE of Appearance by James F. Hopf on behalf of Jet Electric Motor Co., Inc. (Hopf, James) |
| Filing 104 *FILER NOT A NAMED PARTY TO THIS ACTION* - FINANCIAL DISCLOSURE STATEMENT by Northrop Grumman Shipbuilding, Inc. identifying Corporate Parent Northrop Grumman Ship Systems, Inc., Corporate Parent Northrop Grumman Shipbuilding, Inc. for Northrop Grumman Shipbuilding, Inc., Northrop Grumman Shipbuilding, Inc. Associated Cases: 5:09-cv-00190-FL et al. (Sidbury, Benjamin) Modified on 8/7/2009 to include filer information (Baker, C.). |
| Filing 103 *FILER NOT A NAMED PARTY TO THIS ACTION* - FINANCIAL DISCLOSURE STATEMENT by Union Carbide Corporation identifying Corporate Parent The Dow Chemical Company for Union Carbide Corporation, Union Carbide Corporation.. Associated Cases: 5:09-cv-00190-FL et al. (Sidbury, Benjamin) Modified on 8/7/2009 to include filer information (Baker, C.). |
| Filing 102 NOTICE of Appearance by William A. White on behalf of City of Dover, Delaware, Town of Blackstone, Virginia (White, William) |
| Filing 101 *FILER NOT A NAMED PARTY TO THIS ACTION* - AMENDED DOCUMENT by St. Joseph Medical Center, Inc. Amendment to (36 in 5:09-cv-00039-FL) Financial Disclosure Statement. Associated Cases: 5:09-cv-00191-FL, 5:08-cv-00463-FL, 5:09-cv-00039-FL (Fedder, Jane) Modified on 8/7/2009 to include filer information (Baker, C.). |
| Filing 100 *DOCUMENT CORRECTED AND RE-FILED AT DOCKET ENTRY #101 * - FINANCIAL DISCLOSURE STATEMENT by St. Joseph Medical Center, Inc. Associated Cases: 5:09-cv-00191-FL, 5:08-cv-00463-FL, 5:09-cv-00039-FL (Fedder, Jane) Modified on 7/15/2009 to insert re-filing information (Baker, C.). |
| Filing 99 FINANCIAL DISCLOSURE STATEMENT by New Southern of Rocky Mount, Inc. identifying Corporate Parent L&S Holding Company for New Southern of Rocky Mount, Inc. (Butler, John) |
| Filing 98 NOTICE of Appearance by John J. Butler on behalf of New Southern of Rocky Mount, Inc. (Butler, John) |
| Filing 97 *FILER NOT A NAMED PARTY TO THIS ACTION* - FINANCIAL DISCLOSURE STATEMENT by Consumers Energy Company identifying Corporate Parent CMS Energy Corporation for Consumers Energy Company. Associated Cases: 5:09-cv-00191-FL, 5:08-cv-00463-FL, 5:09-cv-00039-FL (Fedder, Jane) Modified on 8/7/2009 to include filer information (Baker, C.). |
| Filing 96 FINANCIAL DISCLOSURE STATEMENT by North Carolina Department of Agriculture and Consumer Services (Erteschik, Andrew) |
| Filing 95 FINANCIAL DISCLOSURE STATEMENT by Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc. (Erteschik, Andrew) |
| Filing 94 NOTICE of Appearance by Keith Harrison Johnson on behalf of North Carolina Department of Agriculture and Consumer Services, 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. (Johnson, Keith) |
| Filing 93 NOTICE of Appearance by Andrew H. Erteschik on behalf of North Carolina Department of Agriculture and Consumer Services, Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc. f/k/a Kelly & Bishop Electrical Construction, Inc. and/or John E. Kelly & Sons Electrical Construction Inc. (Erteschik, Andrew) |
| Filing 92 STATUS REPORT Joint by Consolidation Coal Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (Darragh, Daniel) |
| Filing 91 *FILER NOT A NAMED PARTY TO THIS ACTION* - FINANCIAL DISCLOSURE STATEMENT by North Georgia Electric Membership Corporation. Associated Cases: 5:09-cv-00190-FL et al. (Sidbury, Benjamin) Modified on 8/7/2009 to include filer information (Baker, C.). |
| Filing 90 *FILER NOT A NAMED PARTY TO THIS ACTION* - FINANCIAL DISCLOSURE STATEMENT by Bassett Furniture Industries, Inc. Associated Cases: 5:09-cv-00190-FL et al. (Roessler, Todd) Modified on 8/7/2009 to include filer information (Baker, C.). |
| Filing 89 *FILER NOT A NAMED PARTY TO THIS ACTION* - FINANCIAL DISCLOSURE STATEMENT by Electric Equipment Corporation of Virginia. Associated Cases: 5:09-cv-00039-FL, 5:08-cv-00463-FL, 5:09-cv-00191-FL (Fedder, Jane) Modified on 8/7/2009 to include filer information (Baker, C.). |
| Filing 88 NOTICE of Appearance by David E. Fox on behalf of City of Dover, Delaware, Town of Blackstone, Virginia (Fox, David) |
| Filing 87 FINANCIAL DISCLOSURE STATEMENT by Town of Blackstone, Virginia (Byrne, Michael) |
| Filing 86 FINANCIAL DISCLOSURE STATEMENT by City of Dover, Delaware (Byrne, Michael) |
| Filing 85 NOTICE of Appearance by Michael John Byrne, David E. Fox, and William A. White on behalf of City of Dover, Delaware, Town of Blackstone, Virginia (Byrne, Michael) |
| Filing 84 FINANCIAL DISCLOSURE STATEMENT by Owen Electric Steel Company of South Carolina (Cardwell, Ronald) |
| Filing 83 NOTICE of Appearance by Ronald E. Cardwell and Lee W. Zimmerman on behalf of Owen Electric Steel Company of South Carolina (Cardwell, Ronald) |
| Filing 82 NOTICE by Consolidation Coal Company of Voluntary Dismissal With Prejudice as to Chevron Mining, Inc., as successor-in-interest to Pittsburg & Midway Mining Co. (Darragh, Daniel) |
| Filing 81 FINANCIAL DISCLOSURE STATEMENT by LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc. (Cardwell, Ronald) |
| Filing 80 NOTICE of Appearance by Ronald E. Cardwell and Lee W. Zimmerman on behalf of LaFarge Mid-Atlantic, LLC and/or Lafarge Mid-Atlantic, Inc. as successor-in-interest to or Redland Genstar, Inc. and Genstar Stone Products, Inc. (Cardwell, Ronald) |
| Filing 79 CERTIFICATE OF SERVICE by Consolidation Coal Company re #76 Order, Joint Motion for Preliminary Scheduling Order Ex Parte #74 (Pollock, William) |
| Filing 78 NOTICE by Consolidation Coal Company of Voluntary Dismissal With Prejudice as to Defendant Lewis Electric Supply Co., Inc. (Pollock, William) |
| Filing 77 NOTICE by Consolidation Coal Company of Voluntary Dismissal With Prejudice as to Defendant Tennessee Associated Electric, Inc. (Pollock, William) |
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Filing 76
ORDER re #74 Joint MOTION Preliminary Scheduling Order Ex Parte filed by Consolidation Coal Company - The relief sought by plaintiffs, now is ALLOWED, provisionally. Signed by Chief Judge Louise Wood Flanagan on 6/10/2009. Copies served electronically. (Rudd, D.)
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| Motions Submitted: #74 Joint MOTION Preliminary Scheduling Order Ex Parte submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 75 Memorandum in Support re #74 Joint MOTION Preliminary Scheduling Order Ex Parte filed by Consolidation Coal Company. (Darragh, Daniel) |
| Filing 74 Joint MOTION for Preliminary Scheduling Order Ex Parte by Consolidation Coal Company. (Attachments: #1 Text of Proposed Scheduling Order) (Darragh, Daniel) |
| Filing 73 NOTICE by Consolidation Coal Company of Voluntary Dismissal Without Prejudice as to Defendant W.R. Schofield Construction Co. (Pollock, William) |
| Filing 72 NOTICE by Consolidation Coal Company of Dismissal With Prejudice as to Defendants Cohen and Green Salvage Company, Inc. and Endicott Clay Products Company (Pollock, William) |
| Filing 71 NOTICE by Consolidation Coal Company of Dismissal as to Defendant Cooper Industries, Inc. as successor-in-interest to ABEX Friction Products Division of ABEX, Inc. (Pollock, William) |
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Filing 70
ORDER granting #68 Motion for Extension of Time. All deadlines and proceedings in these matters are STAYED until and including April 30, 2009. On or before April 30, 2009, Plaintiffs will file a stipulation of dismissal as to all Defendants who have settled. All deadlines and proceedings shall thereafter remain stayed and the Court will schedule a status conference with all parties to address case management going forward. Signed by Chief Judge Louise Wood Flanagan on 03/16/09. Copies served electronically. (Baker, C.)
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| Motions Submitted: #68 MOTION for Extension of Time submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 69 Memorandum in Support re #68 MOTION for Extension of Time to Current Stay filed by Consolidation Coal Company. (Pollock, William) |
| Filing 68 MOTION for Extension of Time of Current Stay by Consolidation Coal Company. (Attachments: #1 Text of Proposed Order Extending Current Stay) (Pollock, William) |
| Filing 67 AMENDED COMPLAINT - First Amended Complaint against all defendants, filed by Consolidation Coal Company. (Pollock, William) |
| Filing 66 NOTICE by Consolidation Coal Company of Dismissal as to Defendant Entities SMI Owen Steel Company, Inc., and/or SMI Steel d/b/a CMC Steel South Carolina and/or Commercial Metals Company (Pollock, William) |
| Filing 65 NOTICE of Voluntary Dismissal as to Surry Yadkin Electric Membership Corporation by Consolidation Coal Company (Pollock, William) Modified on 7/19/2011 to insert dismissed party's name. (Baker, C.) |
| Filing 64 NOTICE of Voluntary Dismissal as to Hagerstown Light Department by Consolidation Coal Company (Pollock, William) Modified on 7/19/2011 to insert dismissed party's name. (Baker, C.) |
| Filing 63 NOTICE of Voluntary Dismissal as to Cotter Electric Company by Consolidation Coal Company (Pollock, William) Modified on 7/19/2011 to insert name of dismissed party. (Baker, C.) |
| Filing 62 STIPULATION of Dismissal as to Defendant City of Mascoutah, Illinois by Consolidation Coal Company. (Pollock, William) |
| NOTICE OF CORRECTION re: #52 Stipulation of Dismissal and #62 Stipulation of Dismissal - In FUTURE FILINGS, counsel is reminded to use the "Notice of Dismissal" event when dismissing action against defendants where a defendant's signature is not required under Rule 41(a)(1). There is no need to refile the referenced documents. Thank you. (Baker, C.) |
| Filing 61 WAIVER OF SERVICE Returned Executed by Consolidation Coal Company. City of Dover, Delaware waiver sent on 9/22/2008, answer due 11/21/2008; M-P Electrical Contractors, Inc. waiver sent on 9/22/2008, answer due 11/21/2008; North Carolina Department of Agriculture and Consumer Services waiver sent on 9/25/2008, answer due 11/24/2008. (Darragh, Daniel) |
| Filing 60 SUMMONS Returned Executed by Consolidation Coal Company. Owen Electric Steel Company of South Carolina, and/or SMI Owen Steel complany, Inc., and/or SMI Steel served on 12/4/2008, answer due 12/24/2008. (Darragh, Daniel) |
| Filing 59 SUMMONS Returned Executed by Consolidation Coal Company. City of Dover, Delaware served on 11/17/2008, answer due 12/8/2008. (Darragh, Daniel) |
| Filing 58 SUMMONS Returned Executed by Consolidation Coal Company. Veolia Environmental Services Waste-to-Energy served on 11/20/2008, answer due 12/10/2008. (Darragh, Daniel) |
| Filing 57 SUMMONS Returned Executed by Consolidation Coal Company. North Carolina Department of Agriculture and Consumer Services served on 11/17/2008, answer due 12/8/2008. (Darragh, Daniel) |
| Filing 56 SUMMONS Returned Executed by Consolidation Coal Company. Phoenix Solutions Company served on 11/17/2008, answer due 12/8/2008. (Darragh, Daniel) |
| Filing 55 SUMMONS Returned Executed by Consolidation Coal Company. P. C. Campana, Inc. served on 11/17/2008, answer due 12/8/2008. (Darragh, Daniel) |
| Filing 54 SUMMONS Returned Executed by Consolidation Coal Company. Chevron Mining, Inc. served on 11/19/2008, answer due 12/9/2008. (Darragh, Daniel) |
| Filing 53 SUMMONS Returned Executed by Consolidation Coal Company. Lafarge Mid-Atlantic, Inc. and/or Lafarge Mid-Atlantic, LLC served on 11/19/2008, answer due 12/9/2008. (Darragh, Daniel) |
| Filing 52 STIPULATION of Dismissal as to Defendant American Electric Corporation by Consolidation Coal Company. (Pollock, William) |
| Filing 51 Summons Reissued as to Owen Electric Steel Company of South Carolina, and/or SMI Owen Steel company, Inc., and/or SMI Steel. (Baker, C.) |
| Filing 50 AMENDED DOCUMENT by Consolidation Coal Company. Amendment to #9 Summons Issued Amended Summons as to Owen Electric Steel Company of South Carolina. (Pollock, William) |
| Filing 49 FINANCIAL DISCLOSURE STATEMENT by Lewis Electric Supply Co., Inc. (Roberts, James) |
| Filing 48 FINANCIAL DISCLOSURE STATEMENT by Ameren Corporation (Beskind, Donald) |
| Filing 47 NOTICE of Appearance by Donald H. Beskind, Joseph F. Madonia, Meghan M. Hubbard and Jesse H. Rigsby, IV on behalf of Ameren Corporation (Beskind, Donald) |
| Filing 46 WAIVER OF SERVICE Returned Executed by Consolidation Coal Company. Bonner Electric, Inc. waiver sent on 9/22/2008, answer due 11/21/2008; Cohen and Green Salvage Company, Inc. waiver sent on 9/22/2008, answer due 11/21/2008; Cooper Industries, Inc. waiver sent on 9/22/2008, answer due 11/21/2008; Endicott Clay Products Company waiver sent on 9/22/2008, answer due 11/21/2008; Huntsville Utilities waiver sent on 9/22/2008, answer due 11/21/2008; Jet Electric Motor Company waiver sent on 9/22/2008, answer due 11/21/2008; Lewis Electric Supply Co., Inc. waiver sent on 9/22/2008, answer due 11/21/2008; City of Mascoutah, Illinois waiver sent on 9/22/2008, answer due 11/21/2008; New Southern of Rocky Mount, Inc. waiver sent on 9/22/2008, answer due 11/21/2008; Surry Yadkin Electric Membership Corporation waiver sent on 9/22/2008, answer due 11/21/2008; Tennessee Associated Electric and/or Tennessee Associated Electric Holdings, Inc. waiver sent on 9/22/2008, answer due 11/21/2008; Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies waiver sent on 9/22/2008, answer due 11/21/2008; W. R. Schofield Construction Co. waiver sent on 9/22/2008, answer due 11/21/2008; Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc., and/or John E. Kelly & Sons Electrical Construction, Inc. waiver sent on 9/22/2008, answer due 11/21/2008; Ameren Corporation waiver sent on 9/22/2008, answer due 11/21/2008; American Electric Corporation waiver sent on 9/22/2008, answer due 11/21/2008; Town of Blackstone, Virginia waiver sent on 9/22/2008, answer due 11/21/2008. (Darragh, Daniel) |
| NOTICE OF TERMINATION OF DEADLINES re #46 Waiver of Service Executed - ANSWER DEADLINES TERMINATED pursuant to Court's Order at DE # 41 staying deadlines and proceedings in this matter up to and until March 16, 2009. (Baker, C.) |
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Filing 45
ORDER granting #44 Motion for Refund of Fees Paid Electronically. Signed by Chief Judge Louise Wood Flanagan on 10/22/08. Cys served. (Baker, C.)
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| Motions Submitted: #44 MOTION for Refund of Fees Paid Electronically submitted to Chief Judge Flanagan for consideration. (Baker, C.) |
| Filing 44 MOTION for Refund of Fees Paid Electronically by Consolidation Coal Company. (Attachments: #1 Exhibit A - Credit Card Statement, #2 Text of Proposed Order for Refund of Fees Paid Electronically) (Pollock, William) |
| Filing 43 STIPULATION of Dismissal as to Defendant Wheelabrator Technologies, Inc. by Consolidation Coal Company. (Pollock, William) |
| Filing 42 NOTICE of Appearance by James A. Roberts, III on behalf of Lewis Electric Supply Co., Inc. (Roberts, James) |
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Filing 41
ORDER granting in part and denying in part #35 Motion to Stay; denying as moot #37 Motion to Consolidate Cases. Good cause having been shown for why this court should expedite its consideration of the motion to stay, that motion is ALLOWED. The court ALLOWS in part and DENIES in PART the motion to stay. The motion to consolidate is DENIED as MOOT. Deadlines and proceedings in this matter are stayed up to and until March 16, 2009, as outlined wihin the Court's Order. Signed by Chief Judge Louise Wood Flanagan on 09/23/08. Cys served electronically. (Baker, C.)
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| Filing 40 Proposed Order re #35 MOTION to Stay Ex Parte (Fed.R.Civ.P. 6(b)) and Motion for Expedited Consideration filed by Consolidation Coal Company. (Pollock, William) |
| Filing 39 Proposed Order re #37 MOTION to Consolidate Cases filed by Consolidation Coal Company. (Pollock, William) |
| Filing 38 Memorandum in Support re #37 MOTION to Consolidate Cases filed by Consolidation Coal Company. (Pollock, William) |
| Filing 37 MOTION to Consolidate Cases by Consolidation Coal Company. (Pollock, William) |
| Filing 36 Memorandum in Support of #35 MOTION to Stay Ex Parte (Fed.R.Civ.P. 6(b)) and Motion for Expedited Consideration filed by Consolidation Coal Company. (Pollock, William) |
| Filing 35 MOTION to Stay Ex Parte (Fed.R.Civ.P. 6(b)) and Motion for Expedited Consideration by Consolidation Coal Company. (Pollock, William) |
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Filing 34
ORDER REASSIGNING CASE. Case reassigned to Chief Judge Louise Wood Flanagan for all further proceedings. Judge James C. Fox no longer assigned to case. All future pleadings should reflect the case number of 5:08-CV-463-FL. Signed by Chief Judge Louise Wood Flanagan on 9/22/2008. Copies served on counsel and C. Baker. (Edwards, S.)
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| Filing 33 NOTICE of Appearance by Daniel M. Darragh on behalf of Consolidation Coal Company (Darragh, Daniel) |
| Motions Submitted: #35 MOTION to Stay Ex Parte (Fed.R.Civ.P. 6(b)) and Motion for Expedited Consideration, #37 MOTION to Consolidate Cases submitted to Chief Judge Flanagan for consideration. (Rudd, D.) |
| Filing 32 Summons Issued as to Wheelabrator Technologies, Inc. (Grady, B.) |
| Filing 31 Summons Issued as to W. R. Schofield Construction Co. (Grady, B.) |
| Filing 30 Summons Issued as to Veolia Environmental Services Waste-to-Energy. (Grady, B.) |
| Filing 29 Summons Issued as to Ventech Engineers, Inc., and/or Ventech Process Equipment, Inc. and/or Ventech Equipment Inc. and/or The Ventech Companies. (Grady, B.) |
| Filing 28 Summons Issued as to Tennessee Associated Electric and/or Tennessee Associated Electric Holdings, Inc. (Grady, B.) |
| Filing 27 Summons Issued as to Surry Yadkin Electric Membership Corporation. (Grady, B.) |
| Filing 26 Summons Issued as to Phoenix Solutions Company. (Grady, B.) |
| Filing 25 Summons Issued as to P. C. Campana, Inc. (Grady, B.) |
| Filing 24 Summons Issued as to North Carolina Department of Agriculture and Consumer Services. (Grady, B.) |
| Filing 23 Summons Issued as to New Southern of Rocky Mount, Inc. (Grady, B.) |
| Filing 22 Summons Issued as to M-P Electrical Contractors, Inc.. (Grady, B.) |
| Filing 21 Summons Issued as to City of Mascoutah, Illinois. (Grady, B.) |
| Filing 20 Summons Issued as to Lewis Electric Supply Co., Inc. (Grady, B.) |
| Filing 19 Summons Issued as to Lafarge Mid-Atlantic, Inc. and/or Lafarge Mid-Atlantic, LLC. (Grady, B.) |
| Filing 18 Summons Issued as to Kelly Generator & Equipment, Inc. and/or Kelly Electrical Construction, Inc., and/or John E. Kelly & Sons Electrical Construction, Inc. (Grady, B.) |
| Filing 17 Summons Issued as to Jet Electric Motor Company. (Grady, B.) |
| Filing 16 Summons Issued as to Huntsville Utilities. (Grady, B.) |
| Filing 15 Summons Issued as to Hagerstown Light Department. (Grady, B.) |
| Filing 14 Summons Issued as to Endicott Clay Products Company. (Grady, B.) |
| Filing 13 Summons Issued as to City of Dover, Delaware. (Grady, B.) |
| Filing 12 Summons Issued as to Cotter Electric Company. (Grady, B.) |
| Filing 11 Summons Issued as to Cooper Industries, Inc. (Grady, B.) |
| Filing 10 Summons Issued as to Cohen and Green Salvage Company, Inc. (Grady, B.) |
| Filing 9 Summons Issued as to Owen Electric Steel Company of South Carolina, and/or SMI Owen Steel complany, Inc., and/or SMI Steel. (Grady, B.) |
| Filing 8 Summons Issued as to Chevron Mining, Inc. (Grady, B.) |
| Filing 7 Summons Issued as to Bonner Electric, Inc. (Grady, B.) |
| Filing 6 Summons Issued as to Town of Blackstone, Virginia. (Grady, B.) |
| Filing 5 Summons Issued as to Ameren Corporation. (Grady, B.) |
| Filing 4 Summons Issued as to American Electric Corporation. (Grady, B.) |
| NOTICE OF CORRECTION re: #1 Complaint. Clerk's Office corrected the party names to reflect as noted in the caption of the Complaint. For future reference, counsel is directed to add the party text information and alias information when adding a party to the case. Counsel is reminded to use lower case letters when adding parties and efiling documents. Thank You. (Heath, D.) |
| Case Selected for Mediation - A printable list of certified mediators for the Eastern District of North Carolina is available on the court's Website, http://www.nced.uscourts.gov/applications/mediators.asp. Please serve this list on all parties. (Beasley, B.) |
| Filing 3 NOTICE by Consolidation Coal Company re #1 Complaint Summonses (Pollock, William) |
| Filing 2 FINANCIAL DISCLOSURE STATEMENT by Consolidation Coal Company (Attachments: #1 Civil Cover Sheet) (Pollock, William) |
| Filing 1 COMPLAINT against all defendants ( Filing fee $ 350 receipt number 04170000000000687113) filed by Consolidation Coal Company. (Pollock, William) |
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