Cape Fear River Watch, et al v. Duke Energy Progress, Inc.

Plaintiff: Cape Fear River Watch, Inc., Sierra Club and Waterkeeper Alliance
Defendant: Duke Energy Progress, Inc.
Case Number: 7:2013cv00200
Filed: September 12, 2013
Court: North Carolina Eastern District Court
Office: Southern Division Office
County: NEWHANOVER
Presiding Judge: Louise Wood Flanagan
Nature of Suit: Environmental Matters
Cause of Action: 33:1319
Jury Demanded By: Plaintiff

Available Case Documents

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Date Filed#Document Text
August 26, 2015 71 Opinion or Order of the Court ORDER granting 69 Consent MOTION to Hold Matter in Abeyance - THIS MATTER IS, THEREFORE, ABATED and all proceedings suspended until further order of this Court. Defendant is hereby ordered to advise this Court, in writing, of the disposition of the hearing scheduled on its Motion in the related proceeding in North Carolina State Court scheduled for September 14, 2015 within three business days of the entry of an Order or other disposition by the Superior Court of North Carolina. Signed by District Judge Louise Wood Flanagan on 8/26/2015. (Tripp, S.)
August 1, 2014 50 Opinion or Order of the Court ORDER granting 42 Motion for Reconsideration regarding 41 Order - To clarify, the court does not dismiss claims that rely on the state's regulation of groundwater, but only claims that rely on the independent jurisdiction of the CWA. The court hereby amends its June 9, 2014, order to strike the concluding sentence of Section B.2.b., including the entirety of footnote 13, and replaces it with the following sentence: "Therefore, plaintiffs' claim(s) relying on the independent jurisdiction of the CWA over groundwater, as opposed to state law, are dismissed for lack of subject matter jurisdiction under the CWA." Signed by District Judge Louise Wood Flanagan on 08/01/2014. (Baker, C.)
June 9, 2014 41 Opinion or Order of the Court ORDER finding as moot 28 MOTION for Permission to Inform the Court Concerning Developments Regarding Criminal Investigation Into Sutton Site and Litigation and 32 Second MOTION for Permission to Inform the Court Concerning Developments Regard ing Criminal Investigation Into Sutton Site and Litigation; granting in part and denying in part 15 Motion to Dismiss for Failure to State a Claim - The court GRANTS IN PART defendant's motion where itmoves to dismiss plaintiff's ground water-related claims for lack of jurisdiction, and DENIES IN REMAINING PART the motion to dismiss (DE 15). Plaintiffs' motions seeking permission to inform the court are DISMISSED AS MOOT (DE 28, 32). In accordance with the court's Novembe r 15, 2013, order, the stay on discovery is hereby lifted. With reference to the court's initial order regarding planning and scheduling, entered November 6, 2013, the parties shall conduct the Rule 26(f) conference within twenty-one (21) days f rom entry of this order and adhere to other requirements therein set out. If either side determines a conference by telephone with the court in advance of entry of the case management order is appropriate, that information shall be included in the parties' joint report. Signed by District Judge Louise Wood Flanagan on 6/9/14. (Tripp, S.)
November 15, 2013 23 Opinion or Order of the Court ORDER granting 20 Motion to Stay Discovery Pending Resolution of Motion to Dismiss - Discovery is stayed in this matter pending resolution of Defendant's motion to dismiss. The pre-trial conference and discovery plan required under Rule 26(f) and the initial disclosures required under Rule 26(a) are stayed pending resolution of Defendant's motion to dismiss. Signed by District Judge Louise Wood Flanagan on 11/15/2013. (Baker, C.)

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Search for this case: Cape Fear River Watch, et al v. Duke Energy Progress, Inc.
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Plaintiff: Cape Fear River Watch, Inc.
Represented By: Frank S. Holleman, III
Represented By: Chandra T. Taylor
Represented By: Nicholas S. Torrey
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Plaintiff: Sierra Club
Represented By: Frank S. Holleman, III
Represented By: Chandra T. Taylor
Represented By: Nicholas S. Torrey
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Plaintiff: Waterkeeper Alliance
Represented By: Frank S. Holleman, III
Represented By: Chandra T. Taylor
Represented By: Nicholas S. Torrey
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Defendant: Duke Energy Progress, Inc.
Represented By: Frank E. Emory, Jr.
Represented By: Brent A. Rosser
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