State of North Carolina v. Alcoa Power Generating, Inc.
| The State of North Carolina |
| Alcoa Power Generating, Inc. |
| Yadkin Riverkeeper, Inc. |
| 5:2013cv00633 |
| September 3, 2013 |
| US District Court for the Eastern District of North Carolina |
| Western Division Office |
| BEAUFORT |
| Terrence W. Boyle |
| All Other Real Property |
| 28 U.S.C. ยง 1331 |
| None |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
212
ORDER granting 183 Motion for Summary Judgment and finding as moot 168 Motion in Limine. Signed by District Judge Terrence W. Boyle on 9/28/2015. (Romine, L.)
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Filing
203
ORDER denying 195 Motion for Reconsideration and Certificate of Appealability; denying as moot 195 Motion to Stay, denying 199 Motion for Extension of Time to File Response/Reply and granting 201 Motion to Amend/Correct. Signed by District Judge Terrence W. Boyle on 6/23/2015. (Marsh, K)
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Filing
182
ORDER DENYING 178 Plaintiff's Motion for Certificate of Appealability: The State's motion to amend the May 6, 2015, order is denied. Signed by US District Judge Terrence W. Boyle on 5/18/2015. (Fisher, M.)
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Filing
177
FINDINGS OF FACT AND CONCLUSIONS OF LAW - the Court finds that the State has failed to meet its burden to prove that the Relevant Segment, as stipulated to by the parties, was navigable for commerce at statehood. Signed by District Judge Terrence W. Boyle on 5/6/2015. The parties are reminded to read the order in its entirety. (Downing, L.)
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Filing
173
ORDER granting 162 Motion On Burden Of Proof On Navigability. Signed by District Judge Terrence W. Boyle on 4/14/2015. (Marsh, K)
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Filing
158
ORDER denying 151 Motion to Exclude Untimely Produced Expert Report. Signed by District Judge Terrence W. Boyle on 4/2/2015. (Marsh, K)
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Filing
145
ORDER DENYING 124 Alcoa's Motion to Exclude Plaintiff's Previously Undisclosed Witnesses, DENYING 133 State of North Carolina's Motion to Exclude Defendant's Late Filings, and GRANTING IN PART AND DENYING IN PART 136 Yadkin Riverkeeper's Motion to Take Judicial Notice. Signed by US District Judge Terrence W. Boyle on 1/14/2015. (Fisher, M.)
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Filing
142
ORDER GRANTING IN PART AND DENYING IN PART 58 Plaintiff's Motion for Partial Summary Judgment, and DENYING 77 Defendant's Motion for Summary Judgment. The plaintiff's Motion for Partial Summary Judgment is granted in part as t o the issue of its prima facie case, waiver, easement by estoppel, use, or consent, and estoppel. The plaintiff's Motion for Partial Summary Judgment is denied on the remaining grounds. The parties are instructed to be ready for trial by January 15, 2015, and the Court will set a trial date by later order. Signed by US District Judge Terrence W. Boyle on 11/20/2014. (Fisher, M.)
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Filing
118
ORDER GRANTING WITH MODIFICATIONS 116 Joint Motion to Modify the Scheduling Order: The final list of witnesses and exhibits shall be due no later than 9/12/2014. The parties have until 9/26/2014 to file objections. The pretrial report is due on 10/1/2014, and the pretrial conference shall be held on 10/15/2014. Signed by US District Judge Terrence W. Boyle on 9/4/2014. (Fisher, M.)
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Filing
115
ORDER GRANTING 56 Plaintiff's Motion for Discovery Supplementation and GRANTING 94 Yadin Riverkeeper's Motion to Intervene. The Court has supplemented the Discovery Plan and accepts the State's reports submitted on July 14,2014 . The defendant will be permitted to schedule depositions of the State's rebuttal expert witnesses at the earliest possible date agreeable to both parties. The Court has also allowed the filing of the amicus briefs filed by Yadkin Riverkeeper. The defendant is allowed to file a single response to the briefs that does not exceeed fifteen (15) pages in length. This response must be filed no later than September 15, 2014. Signed by US District Judge Terrence W. Boyle on 8/29/2014. (Fisher, M.)
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Filing
46
ORDER GRANTING 44 Joint Motion for Modification of Discovery Deadlines. Plaintiff's reports from retained experts are due by 5/1/2014. Defendant's reports from retained experts are due by 6/1/2014. Signed by US District Judge Terrence W. Boyle on 4/3/2014. (Fisher, M.)
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Filing
41
ORDER GRANTING 39 Joint Motion to Dismiss Plaintiff-Intervenor Yadkin Riverkeeper and for Leave for Plaintiff-Intervenor Yadkin Riverkeeper to Participate Amicus Curiae. Signed by US District Judge Terrence W. Boyle on 1/6/2014. (Fisher, M.)
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Filing
34
ORDER DENYING 23 State of North Carolina's Motion to Remand, and in the alternative, for Abstention. Signed by US District Judge Terrence W. Boyle on 11/27/2013. (Fisher, M.)
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Filing
27
ORDER GRANTING 9 Yadkin Riverkeeper's Motion to Intervene. Signed by US District Judge Terrence W. Boyle on 10/28/2013. Counsel is directed to read Order in its entirety. (Fisher, M.)
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