Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC et al
Plaintiff: Duke Energy Carolinas, LLC
Defendant: NTE Carolinas II Holdings, LLC, NTE Caroinas II, LLC, NTE Energy, LLC, Michael C Green, Kristi S Miller, Kristi S. Miller, Michael C. Green, NTE Carolinas II, LLC, NTE Southeast Electric Company, LLC, Duke Energy Progress, LLC, Duke Energy Corporation, NTE Energy Services Company LLC and Castillo Investment Holdings II, LLC
Case Number: 3:2019cv00515
Filed: October 8, 2019
Court: US District Court for the Western District of North Carolina
Presiding Judge: Kenneth D Bell
Referring Judge: David S Cayer
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. ยง 1442 Notice of Removal
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 30, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2022 Opinion or Order Filing 258 TRANSCRIPT of Motion Hearing held on 12/7/21 before Judge Bell NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov (Does this satisfy all appellate orders for this reporter? - Yes.) Release of Transcript Restriction set for 2/27/2023. (Reporter: Cheryl Nuccio, 704-350-7494)
November 16, 2022 Opinion or Order Filing 257 USCA Case Number [22-2168] for #255 Notice of Appeal, USCA Case Manager: Naeemah R. Sims. (ejb)
November 14, 2022 Opinion or Order Filing 256 Transmission of Notice of Appeal to US Court of Appeals re #255 Notice of Appeal (mek)
November 11, 2022 Opinion or Order Filing 255 NOTICE OF APPEAL as to #229 Order on Motion for Summary Judgment, by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Filing fee $ 505, receipt number ANCWDC-5824491. Use this link #www.ca4.uscourts.gov to retrieve 4th Circuit case opening documents, i.e. Appearance of Counsel, Docketing Statement, Disclosure Statement, and Transcript Order Form. Note: Your Transcript Order Form must be served on the District Court as well as the Circuit Court. (Ho, Derek)
November 9, 2022 Opinion or Order Filing 254 ORDER granting #251 Motion for Limited Admission of Derek T. Ho and to Withdraw Nexsen Pruet as Counsel for the NTE defendants. Signed by District Judge Kenneth D. Bell on 11/9/2022. (mek)
November 9, 2022 Opinion or Order Filing 253 REPLY to Response to Motion re #251 MOTION for Limited Admission of Derek T. Ho and Entry of Order on Motion to Withdraw as Counsel by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite)
November 9, 2022 Opinion or Order Filing 252 RESPONSE to Motion re #251 MOTION for Limited Admission of Derek T. Ho and Entry of Order on Motion to Withdraw as Counsel by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Replies due by 11/16/2022 (Evans, Jason)
November 8, 2022 Opinion or Order Set/Reset Deadlines as to #251 MOTION for Limited Admission of Derek T. Ho and Entry of Order on Motion to Withdraw as Counsel. Responses due by 11/10/2022 no later than 12:00 pm. (ef)
November 7, 2022 Opinion or Order Filing 251 MOTION for Limited Admission of Derek T. Ho and Entry of Order on Motion to Withdraw as Counsel by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 11/21/2022 (Attachments: #1 Exhibit Derek T. Ho Court Admissions, #2 Exhibit Certification of Derek T. Ho) (Willis, Marguerite). Modified on 11/7/2022 to remove referral (mek).
October 13, 2022 Opinion or Order Filing 250 STIPULATION of Dismissal by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC (All Claims Dismissed. Case to be Closed). (Evans, Jason)
September 8, 2022 Opinion or Order Minute Entry: TELEPHONE CONFERENCE held before District Judge Kenneth D. Bell. Plaintiffs attorney: Jason D. Evans, Mary Katherine Grob. Defendants attorney: Marguerite S. Willis, Kirsten Elena Small. Defendant Company Representative: Stephanie Clarkson (mek) Modified text on 9/14/2022 (mek).
September 2, 2022 Opinion or Order Filing 249 ORDER that parties' counsel and a representative from Defendants to appear at a telephone conference at 10:00 a.m. on 9/8/2022. Signed by District Judge Kenneth D. Bell on 9/2/2022. (brl)
September 2, 2022 Opinion or Order NOTICE of Hearing: Telephone Conference set for 9/8/2022 10:00 AM in Chambers before District Judge Kenneth D. Bell. This is your only notice - you will not receive a separate document.(brl)
September 1, 2022 Opinion or Order Filing 248 RESPONSE to Motion re #247 MOTION to Withdraw as Attorney by Nexsen Pruet by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Replies due by 9/8/2022 (Evans, Jason)
August 31, 2022 Opinion or Order Filing 247 MOTION to Withdraw as Attorney by Nexsen Pruet by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 9/14/2022 (Attachments: #1 Declaration of Peter Santos in Support of Motion to Withdraw, #2 Declaration of Kirsten Small in Support of Motion to Withdraw) (Small, Kirsten). Modified to remove referral on 9/1/2022 (brl).
August 16, 2022 Opinion or Order Filing 246 DECLARATION re #245 MOTION to Withdraw JFB Legal, PLLC filed by NTE Carolinas II Holdings, LLC (Baughman, John)
August 16, 2022 Opinion or Order Filing 245 MOTION to Withdraw as Counsel by John F. Baughman, Daniel Schwartz, Livia Fine, and Ian Robertson as to Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC (Baughman, John). Motions referred to David S. Cayer. Modified on 8/16/2022 to correct party filers and event type (mek).
August 16, 2022 Opinion or Order Filing 244 MOTION to Withdraw as Attorney Suedeen G. Kelly, Douglas E. Litvack, Christopher G. Renner, and Zachary B. Cohen by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 8/30/2022 (Litvack, Douglas). Motions referred to David S. Cayer.
August 16, 2022 Opinion or Order TEXT-ONLY ORDER granting #245 Motion to Withdraw as Attorney. Attorney Ian Robertson; Daniel A Schwartz; John F. Baughman and Livia Fine terminated. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/16/2022. (DLG)
August 16, 2022 Opinion or Order TEXT-ONLY ORDER granting #244 Motion to Withdraw as Attorney. Attorney Douglas E. Litvack; Christopher G. Renner; Zachary Benjamin Cohen and Suedeen G. Kelly terminated. So Ordered. Entered by Magistrate Judge David S. Cayer on 8/16/2022. (DLG)
July 15, 2022 Opinion or Order Filing 243 Joint MOTION for Extension of Time To Respond to Evidentiary Motions by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 7/29/2022 (Evans, Jason). Motions referred to David S. Cayer.
July 15, 2022 Opinion or Order TEXT-ONLY ORDER granting #243 Joint MOTION for Extension of Time To Respond to Evidentiary Motions re #231 #233 #235 #237 MOTION[s] in Limine. Responses due by 9/27/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/15/2022. (DLG)
July 13, 2022 Opinion or Order Filing 242 Joint MOTION to Continue Docket Call/Trial by NTE Carolinas II Holdings, LLC. Responses due by 7/27/2022 (Baughman, John)
July 13, 2022 Opinion or Order TEXT-ONLY ORDER granting #242 Motion to Continue Docket Call/Trial. Jury Trial reset for 10/11/2022 09:30 AM in Courtroom #4B, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. Entered by District Judge Kenneth D. Bell on 7/13/2022. (nvc)
July 13, 2022 Opinion or Order NOTICE of Cancellation of Pretrial Conference scheduled for 7/27/2022. (nvc)
July 12, 2022 Opinion or Order Filing 241 REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Owens, Raymond)
July 8, 2022 Opinion or Order Filing 240 TRIAL BRIEF by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC(Evans, Jason)
July 8, 2022 Opinion or Order Filing 239 STIPULATION of Facts (Joint) by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC (Willis, Marguerite)
July 8, 2022 Opinion or Order Filing 238 MEMORANDUM in Support re #237 MOTION in Limine Regarding the FERC Declaratory Order by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Evans, Jason)
July 8, 2022 Opinion or Order Filing 237 MOTION in Limine Regarding the FERC Declaratory Order by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 7/22/2022 (Evans, Jason)
July 8, 2022 Opinion or Order Filing 236 MEMORANDUM in Support re #235 MOTION in Limine to Exclude Evidence Related to Coal Ash by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Evans, Jason)
July 8, 2022 Opinion or Order Filing 235 MOTION in Limine to Exclude Evidence Related to Coal Ash by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 7/22/2022 (Evans, Jason)
July 8, 2022 Opinion or Order Filing 234 MEMORANDUM in Support re #233 MOTION in Limine to Exclude Testimony of Erik Lioy by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Attachments: #1 Exh A - Lioy Expert Report, #2 Exh B - Excerpts of Lioy Depo Testimony)(Willis, Marguerite)
July 8, 2022 Opinion or Order Filing 233 MOTION in Limine to Exclude Testimony of Erik Lioy by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 7/22/2022 (Willis, Marguerite)
July 8, 2022 Opinion or Order Filing 232 MEMORANDUM in Support re #231 MOTION in Limine Regarding (1) Statements Made During Settlement Discussions; (2) Statements Regarding NTE's Financial Condition; and (3) Statements Regarding the Kilingly Project by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Attachments: #1 Exhibit A)(Willis, Marguerite)
July 8, 2022 Opinion or Order Filing 231 MOTION in Limine Regarding (1) Statements Made During Settlement Discussions; (2) Statements Regarding NTE's Financial Condition; and (3) Statements Regarding the Kilingly Project by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 7/22/2022 (Willis, Marguerite)
July 8, 2022 Opinion or Order Filing 230 TRIAL BRIEF by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC(Willis, Marguerite)
June 29, 2022 Opinion or Order TEXT-ONLY ORDER Text of Order: Upon the joint request of the parties, the time for filing the pre-trial submissions currently due on July 1, 2022 is extended to July 8, 2022. All other deadlines in this matter are unchanged. So Ordered. Entered by District Judge Kenneth D. Bell on 6/29/2022. (nvc)
June 29, 2022 Opinion or Order NOTICE of Hearing: Pretrial Conference set for 7/27/2022 10:00 AM in Courtroom #4B, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. This is your only notice - you will not receive a separate document.(nvc)
June 24, 2022 Opinion or Order Filing 229 ORDER granting Plaintiff's #191 Motion for Summary Judgment as to NTE's Counterclaims Counts I-IV and otherwise denied. The parties are directed to again mediate this dispute on or before 7/15/2022. Signed by District Judge Kenneth D. Bell on 6/24/2022. (nvc)
June 19, 2022 Opinion or Order Filing 228 TRANSCRIPT of Motion for Summary Judgment held on 6/13/22 before Judge Bell. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 9/14/2022. (Reporter: Cheryl Nuccio, 704-350-7494)
June 15, 2022 Opinion or Order Filing 227 NOTICE of Supplemental Authority - Requested by Court During Summary Judgment Hearing by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC (Evans, Jason)
June 15, 2022 Opinion or Order Filing 226 Miscellaneous Filing by Castillo Investment Holdings II, LLC, NTE Carolinas II Holdings, LLC, NTE Carolinas II, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. 2022-06-15 LETTER FROM J BAUGHMAN TO HON KENNETH D BELL (Attachments: #1 Exhibit A - DUKE_0188315)(Baughman, John)
June 13, 2022 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Kenneth D. Bell. Re #191 MOTION for Summary Judgment . Motion taken under advisement, order to issue. Plaintiffs attorney: Jason D. Evans, Douglas G. Green. Defendants attorney: John F. Baughman, Douglas E. Litvack, Daniel A. Schwartz, Kirsten Elena Small. Court reporter: Cheryl Nuccio. (kab)
May 25, 2022 Opinion or Order Filing 225 NOTICE of Certificate of Settlement Conference Pursuant to Standing Order 5:19-mc-5. Result: Unable to resolve. (Evans, Jason)
May 25, 2022 Opinion or Order NOTICE of Hearing on Motion re: #191 MOTION for Summary Judgment : Motion Hearing set for 6/13/2022 01:30 PM in Courtroom #4B, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. This is your only notice - you will not receive a separate document.(kab)
May 18, 2022 Opinion or Order Filing 224 REPLY to Response to Motion re #191 MOTION for Summary Judgment by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit Duke Supplemental Response to Amended Interrogatories 1 and 2, #2 Exhibit Harold James Dep. Excerpts, #3 Exhibit John Morris Dep. Exhibit 4, #4 Exhibit Metin Celebi Dep. Excerpts, #5 Exhibit David Kaplan Rebuttal Rep. Excerpts, #6 Exhibit William Massey Dep. Excerpts, #7 Exhibit Stephen Rodgers Dep. Excerpts, #8 Exhibit John Morris Dep. Excerpts, #9 Exhibit NTE 30(b)(6) (Clarkson) Dep. Ex. 18, #10 Exhibit [REDACTED] Michelle de Lyon Dep. Excerpts)(Evans, Jason)
May 17, 2022 Opinion or Order Filing 223 MEMORANDUM in Support re #222 MOTION to Seal Document - Exhibit Attached to Duke's Reply in Support of Motion for Summary Judgment by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit Michelle de Lyon Dep. Excerpts)(Grob, Mary)
May 17, 2022 Opinion or Order Filing 222 MOTION to Seal Document - Exhibit Attached to Duke's Reply in Support of Motion for Summary Judgment by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 5/31/2022 (Grob, Mary). Motions referred to David S. Cayer.
May 17, 2022 Opinion or Order TEXT-ONLY ORDER granting #222 Motion to Seal Document - Exhibit Attached to Duke's Reply in Support of Motion for Summary Judgment. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/17/2022. (KCA)
May 10, 2022 Opinion or Order Filing 221 SEALED REPLY (Sealed - Attorney) to Response to Motion re: #191 Motion for Summary Judgment by Duke Energy Carolinas, LLC; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Exhibit Duke Supplemental Response to Amended Interrogatories 1 and 2, #2 Exhibit Harold James Dep. Excerpts, #3 Exhibit John Morris Dep. Exhibit 4, #4 Exhibit Metin Celebi Dep. Excerpts, #5 Exhibit David Kaplan Rebuttal Rep. Excerpts, #6 Exhibit William Massey Dep. Excerpts, #7 Exhibit Stephen Rodgers Dep. Excerpts, #8 Exhibit John Morris Dep. Excerpts, #9 Exhibit NTE 30(b)(6) (Clarkson) Dep. Ex. 18, #10 Exhibit Michelle de Lyon Dep. Excerpts)(Evans, Jason)
May 10, 2022 Opinion or Order TEXT-ONLY ORDER granting #218 MOTION to Seal Certain Exhibits in Support of NTE's Opposition to Duke Motion for Summary Judgment. So Ordered. Entered by Magistrate Judge David S. Cayer on 5/10/2022. (DLG)
May 9, 2022 Opinion or Order Filing 220 REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Attachments: #1 Envelope)(tlj)
May 6, 2022 Opinion or Order Filing 219 MEMORANDUM in Support re #218 MOTION to Seal Document Certain Exhibits in Support of NTE's Opposition to Duke Motion for Summary Judgment by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Attachments: #1 Exhibit Redacted Baughman Decl. Ex. 73, #2 Exhibit Redacted Baughman Decl. Ex. 90, #3 Exhibit Redacted Baughman Decl. Ex. 94)(Willis, Marguerite)
May 6, 2022 Opinion or Order Filing 218 MOTION to Seal Document Certain Exhibits in Support of NTE's Opposition to Duke Motion for Summary Judgment by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 5/20/2022 (Attachments: #1 Exhibit Index of Exhibits To Be Filed Under Seal) (Willis, Marguerite). Motions referred to David S. Cayer.
April 29, 2022 Opinion or Order Filing 217 Sealed Document (Sealed - Attorney): Declaration of Jack Baughman in Support of NTE's Opposition to Duke's Motion for Summary Judgment (part 4) by Defendants/Counter-Plaintiffs; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Exhibit 99 - Summons & Complaint, #2 Exhibit 100 - Email dated 9/16/2019, #3 Exhibit 101 - NTE_00247424, #4 Exhibit 102 - Duke Fin. & Risk Mgmt Comm., #5 Exhibit 103 - Email dated 9/18/2019, #6 Exhibit 104 - Duke Bd. Dir. Mtg Schedule 9/18/2019, #7 Exhibit 105 - Email dated 9/24/2019, #8 Exhibit 106 - NTE_00432562, #9 Exhibit 107 - Email dated 10/4/2019, #10 Exhibit 108 - Duke Ltr to NCUC 12/6/2019, #11 Exhibit 109 - Duke Ltr to FPWC 12/17/2019, #12 Exhibit 110 - Email dated 1/30/2020, #13 Exhibit 111 - NTE_00481575, #14 Exhibit 112 - DUKE_0005635, #15 Exhibit 113 - NTE_00036269, #16 Exhibit 114 - FERC Order 5/21/2020, #17 Exhibit 115 - NTE_00512699, #18 Exhibit 116 - NTE_00478704, #19 Exhibit 117 - NTE_00506343, #20 Exhibit 118 - Mitsubishi Rule 902 Certification, #21 Exhibit 119 - S. Clarkson Confidential Declaration, #22 Exhibit 120 - G. Cole Deposition (excerpts), #23 Exhibit 121 - Email dated 2/16/2017, #24 Exhibit 122 - NTE_00437637, #25 Exhibit 123 - T. Eves Deposition (excerpts), #26 Exhibit 124 - M. Celebi Deposition (excerpts), #27 Exhibit 125 - Email dated 7/12/2018)(Willis, Marguerite)
April 29, 2022 Opinion or Order Filing 216 Sealed Document (Sealed - Attorney): Declaration of Jack Baughman in Support of NTE's Opposition to Duke's Motion for Summary Judgment (part 3) by Defendants/Counter-Plaintiffs; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Exhibit 82 - Duke Ltr to NTE 5/22/2019, #2 Exhibit 83 - Email dated 5/22/2019, #3 Exhibit 84 - DUKE_0270254, #4 Exhibit 85 - Duke Ltr to NTE 6/4/2019, #5 Exhibit 86 - Email dated 6/4/2019, #6 Exhibit 87 - Email (1) dated 6/11/2019, #7 Exhibit 88 - Email (2) dated 6/11/2019, #8 Exhibit 89 - NTE Ltr to Duke 6/14/2019, #9 Exhibit 90 - Duke TRC Mtg. Agenda, #10 Exhibit 91 - Duke Ltr to NTE 6/24/2019, #11 Exhibit 92 - Email dated 6/24/2019, #12 Exhibit 93 - Email dated 7/10/2019, #13 Exhibit 94 - Email dated 7/15/2019, #14 Exhibit 95 - DUKE_0023723, #15 Exhibit 96 - Email dated 8/7/2019, #16 Exhibit 97 - Email dated 8/22/2019, #17 Exhibit 98 - Duke Ltr to NTE 9/6/2019)(Willis, Marguerite)
April 29, 2022 Opinion or Order Filing 215 Sealed Document (Sealed - Attorney): Declaration of Jack Baughman in Support of NTE's Opposition to Duke's Motion for Summary Judgment (part 2) by Defendants/Counter-Plaintiffs; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Exhibit 66 - Email dated 10/29/2018, #2 Exhibit 67 - DUKE_0038064, #3 Exhibit 68 - Email dated 2/4/2019, #4 Exhibit 69 - NTE_00096931, #5 Exhibit 70 - LGIA Amendment Two, #6 Exhibit 71 - Email dated 2/27/2019, #7 Exhibit 72 - Email dated 3/4/2019, #8 Exhibit 73 - DUKE_0049765, #9 Exhibit 74 - PSA City of Camden, #10 Exhibit 75 - PSA Western Carolina University, #11 Exhibit 76 - NTE_00346432, #12 Exhibit 77 - FPWC Transcript 4/24/2019, #13 Exhibit 78 - FPWC_0004965, #14 Exhibit 79 - NTE Notice of Suspension, #15 Exhibit 80 - Email dated 5/16/2019, #16 Exhibit 81 - IMs dated 5/20/2019)(Willis, Marguerite)
April 29, 2022 Opinion or Order Filing 214 Sealed Document (Sealed - Attorney): Declaration of Jack Baughman in Support of NTE's Opposition to Duke's Motion for Summary Judgment re: #212 Sealed Response to Motion, by Defendants/Counter-Plaintiffs; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Exhibit 1 - M. Celebi Expert Report (excerpts), #2 Exhibit 2 - J. Kelliher Expert Report (excerpts), #3 Exhibit 3 - W. Massey Expert Report (excerpts), #4 Exhibit 4 - J. Morris Expert Report (excerpts), #5 Exhibit 5 - G. Brunault 30(b)(6) Deposition (excerpts), #6 Exhibit 6 - B. Cascio Deposition (excerpts), #7 Exhibit 7 - S. Clarkson Deposition (excerpts), #8 Exhibit 8 - S. Clarkson 30(b)(6) Deposition (excerpts), #9 Exhibit 9 - C. Dawson 30(b)(6) Deposition (excerpts), #10 Exhibit 10 - M. DeLyon Deposition (excerpts), #11 Exhibit 11 - J. Ellis Deposition (excerpts), #12 Exhibit 12 - J. Ellis 30(b)(6) Deposition (excerpts), #13 Exhibit 13 - L. Good Deposition (excerpts), #14 Exhibit 14 - M. Green Deposition (excerpts), #15 Exhibit 15 - C. Hudson Deposition (excerpts), #16 Exhibit 16 - H. James Deposition (excerpts), #17 Exhibit 17 - D. Kaplan Deposition (excerpts), #18 Exhibit 18 - J. Kelliher Deposition (excerpts), #19 Exhibit 19 - A. Mann Deposition (excerpts), #20 Exhibit 20 - A. Mann 30(b)(6) Deposition (excerpts), #21 Exhibit 21 - K. Miller Deposition (excerpts), #22 Exhibit 22 - J. Morris Deposition (excerpts), #23 Exhibit 23 - R. Mudge Deposition (excerpts), #24 Exhibit 24 - G. Price Deposition (excerpts), #25 Exhibit 25 - S. Rodgers Deposition (excerpts), #26 Exhibit 26 - J. Rynne 30(b)(6) Deposition (excerpts), #27 Exhibit 27 - S. Shortlidge Deposition (excerpts), #28 Exhibit 28 - A. Tabor 30(b)(6) Deposition (excerpts), #29 Exhibit 29 - M. Tanner Deposition (excerpts), #30 Exhibit 30 - D. Trego Deposition (excerpts), #31 Exhibit 31 - A. Warren Deposition (excerpts), #32 Exhibit 32 - G. Weeks Deposition (excerpts), #33 Exhibit 33 - Email dated 2/28/2014, #34 Exhibit 34 - Email dated 10/18/2014, #35 Exhibit 35 - Email dated 10/19/2014, #36 Exhibit 36 - Email dated 11/12/2014, #37 Exhibit 37 - Presentation dated 1/12/2015, #38 Exhibit 38 - Email dated 1/26/2015, #39 Exhibit 39 - Email dated 2/6/2015, #40 Exhibit 40 - Proposed Fayetteville Amendment, #41 Exhibit 41 - Email dated 5/7/2015, #42 Exhibit 42 - DUKE_0064045, #43 Exhibit 43 - Email dated 6/26/2015, #44 Exhibit 44 - Email dated 7.8.2015, #45 Exhibit 45 - DUKE_0090695, #46 Exhibit 46 - DUKE_0083468, #47 Exhibit 47 - Email dated 11/24/2015, #48 Exhibit 48 - Email dated 3/19/2016, #49 Exhibit 49 - Email dated 5/27/2016, #50 Exhibit 50 - DUKE_0193384, #51 Exhibit 51 - Email dated 10/18/2016, #52 Exhibit 52 - NCUC Order, #53 Exhibit 53 - NTE_00229952, #54 Exhibit 54 - Email dated 4/4/2017, #55 Exhibit 55 - Large Generator Interconnection Agreement, #56 Exhibit 56 - Email dated 3/16/2018, #57 Exhibit 57 - Power Sales Agreement, #58 Exhibit 58 - Email dated 5/1/2018, #59 Exhibit 59 - Duke Letter to FERC 5/7/2018, #60 Exhibit 60 - Email dated 5/14/2018, #61 Exhibit 61 - Email dated 8/15/2018, #62 Exhibit 62 - NTE_00005605, #63 Exhibit 63 - DUKE_0162121, #64 Exhibit 64 - LGIA Amendment One, #65 Exhibit 65 - Duke Letter to FERC 10/17/2018)(Willis, Marguerite)
April 29, 2022 Opinion or Order Filing 213 Sealed Document (Sealed - Attorney): Declaration of Kristi Miller in Support of NTE's Opposition to Duke's Motion for Summary Judgment re: #212 Sealed Response to Motion, (available to Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Exhibit Ex A - DUKE_0026502)(Willis, Marguerite)
April 29, 2022 Opinion or Order Filing 212 SEALED RESPONSE (Sealed - Attorney) to Motion re: #191 Motion for Summary Judgment (available to Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) Replies due by 5/6/2022 (Willis, Marguerite)
April 28, 2022 Opinion or Order Filing 211 STIPULATION (Joint Stipulation) Extending Fact Discovery Deadline Established by March 24, 2022 Order by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC (Grob, Mary)
April 25, 2022 Opinion or Order Filing 210 ORDER granting #207 Motion for Leave to Appear Pro Hac Vice added Shari Ross Lahlou for Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC; granting #208 Motion for Leave to Appear Pro Hac Vice added Steven Bizar Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC; granting #209 Motion for Leave to Appear Pro Hac Vice added Amisha R. Patel Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC (Pro Hac Vice Attorneys served via NEF). Signed by Magistrate Judge David S. Cayer on 4/25/2022. (mek)
April 25, 2022 Opinion or Order Filing 209 MOTION for Leave to Appear Pro Hac Vice as to Amisha R. Patel Filing fee $ 288, receipt number ANCWDC-5542994. by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Evans, Jason). Motions referred to David S. Cayer.
April 25, 2022 Opinion or Order Filing 208 MOTION for Leave to Appear Pro Hac Vice as to Steven Bizar Filing fee $ 288, receipt number ANCWDC-5542981. by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Evans, Jason). Motions referred to David S. Cayer.
April 25, 2022 Opinion or Order Filing 207 MOTION for Leave to Appear Pro Hac Vice as to Shari Ross Lahlou Filing fee $ 288, receipt number ANCWDC-5542969. by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Evans, Jason). Motions referred to David S. Cayer.
April 25, 2022 Opinion or Order Notice to Amisha R. Patel: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 5/2/2022. (mek)
April 25, 2022 Opinion or Order Notice to Steven Bizar: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 5/2/2022. (mek)
April 25, 2022 Opinion or Order Notice to Shari Ross Lahlou: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 5/2/2022. (mek)
April 15, 2022 Opinion or Order Filing 206 MEMORANDUM in Support re #191 MOTION for Summary Judgment (redacted) by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Evans, Jason)
April 14, 2022 Opinion or Order Filing 205 ORDER granting Pltf's #201 Motion to Seal; and directing Pltf to promptly file its redacted memorandum of law in support of its motion for summary judgment as requested in its motion. Signed by District Judge Kenneth D. Bell on 4/14/2022. (ejb)
April 12, 2022 Opinion or Order Filing 204 Appendix by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Appendix re: #194 Sealed Document,, #198 Order, SUPPLEMENTAL APPENDIX TO MOTION FOR SUMMARY JUDGMENT (Attachments: #1 Exhibit 1 - LGIA, #2 Exhibit 2 - LGIA Amendment 2, #3 Exhibit 3 - Celebi, Metin Report Excerpts, #4 Exhibit 4 - Clarkson, Stephanie Deposition Excerpts, #5 Exhibit 5 - Clarkson, Stephanie Dep. Ex. 2, #6 Exhibit 6 - Duke 30(b)(6) (Tabor) Deposition Vol. II Excerpts, #7 Exhibit 7- Eves, Timothy Deposition Excerpts, #8 Exhibit 8 - FPWC 30(b)(6) (Rynne) Deposition - redacted, #9 Exhibit 9 - FPWC 30(b)(6) (Rynne) Dep. Ex. 5, #10 Exhibit 10 - GDS 30(b)(6) (Brunault) Deposition Transcript - redacted, #11 Exhibit 11 - GDS 30(b)(6) (Brunault) Dep. Ex. 5 - redacted, #12 Exhibit 12 - GDS 30(b)(6) (Brunault) Dep. Ex. 5, #13 Exhibit 13 - Green, Michael Deposition Vol. I Excerpts, #14 Exhibit 14 - Green, Michael Deposition Vol. II Excerpts, #15 Exhibit 15 - Green, Michael Dep. Ex. 05, #16 Exhibit 16 - Green, Michael Dep. Ex. 13, #17 Exhibit 17 - Green, Michael Dep. Ex. 15, #18 Exhibit 18 - Green, Michael Dep. Ex. 17, #19 Exhibit 19 - Green, Michael Dep. Ex. 18, #20 Exhibit 20 - Green, Michael Dep. Ex. 19, #21 Exhibit 21 - Green, Michael Dep. Ex. 37, #22 Exhibit 22 - Green, Michael Dep. Ex. 40, #23 Exhibit 23 - Halley Randy Deposition Excerpts, #24 Exhibit 24 - Knight, Richard Deposition Excerpts, #25 Exhibit 25 - Knight, Richard Dep. Ex. 12, #26 Exhibit 26 - Lewter, Scott Deposition Excerpts, #27 Exhibit 27 - Massey, William Report Excerpts, #28 Exhibit 28 - Miller, Kristi Deposition Excerpts, #29 Exhibit 29 - Miller, Kristi Dep. Ex. 46, #30 Exhibit 30 - Miller, Kristi Dep. Ex. 47, #31 Exhibit 31 - Morris, John Deposition Transcript - Excerpts, #32 Exhibit 32 - Morris, John Report Excerpts, #33 Exhibit 33 - Mudge, Robert Report Excerpts, #34 Exhibit 34 - NTE 30(b)(6) (Clarkson) Deposition Vol. I Excerpts, #35 Exhibit 35 - NTE 30(b)(6) (Clarkson) Deposition Vol. II Excerpts, #36 Exhibit 36 - NTE 30(b)(6) (Clarkson) Dep. Ex. 24, #37 Exhibit 37 - Price, Geno Dep. Ex. 11, #38 Exhibit 38 - Shortlidge, Seth Dep. Ex. 28, #39 Exhibit 39 - Trego, David Deposition - redacted, #40 Exhibit 40 - Trego, David Dep. Ex. 18, #41 Exhibit 41 - Trobaugh, Michael Deposition Excerpts, #42 Exhibit 42 - Warren, Ann Deposition Excerpts, #43 Exhibit 43 - Warren, Ann Dep. Ex. NTE 20, #44 Exhibit 44 - Warren, Ann Dep. Ex. NTE 21, #45 Exhibit 45 - Weeks, Garrett Deposition Excerpts, #46 Exhibit 46 - Weeks, Garrett Dep. Ex. 8, #47 Exhibit 47 - Wright, Julius A. Deposition Excerpts - redacted, #48 Exhibit 48 - Atkins, Andrew Declaration, #49 Exhibit 49 - Fleming, Gerry Declaration, #50 Exhibit 50 - James, Harold Declaration, #51 Exhibit 51 - Lamb, James Declaration, #52 Exhibit 52 - Rodgers, Stephen Declaration and Expert Report, #53 Exhibit 53 - Tabor, Angela Declaration)(Grob, Mary)
April 12, 2022 Opinion or Order Filing 203 Joint MOTION for clarification #198 Order, REGARDING SUMMARY JUDGMENT BRIEFING SCHEDULE by Castillo Investment Holdings II, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 4/26/2022 (Willis, Marguerite). Modified on 4/12/2022 to remove referral (mek).
April 12, 2022 Opinion or Order TEXT-ONLY ORDER granting #199 Motion to Withdraw Certain Exhibits Filed with Duke's Motion for Summary Judgment. Entered by District Judge Kenneth D. Bell on 4/12/2022. (nvc)
April 12, 2022 Opinion or Order TEXT-ONLY ORDER granting #203 Joint Motion for Clarification. Resetting Deadlines regarding Summary Judgment briefing schedule. NTE's brief due by 4/29/2022; Duke's reply brief due by 5/10/2022. Entered by District Judge Kenneth D. Bell on 4/12/2022. (nvc)
April 11, 2022 Opinion or Order Filing 202 MEMORANDUM in Support re #201 MOTION to Seal Document #194 Sealed Document,, #191 MOTION for Summary Judgment and Certain Exhibits by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit Memorandum in Support of Motion for Summary Judgment, #2 Exhibit FPWC 30(b)(6) (Rynne) Dep. - 2022.03.10 (full) (Redacted), #3 Exhibit GDS 30 (b)(6) (Brunault) Dep. - 2022.03.04 (Full) (redacted), #4 Exhibit GDS 30(b)(6) (Brunault) Dep. - Ex. 4, #5 Exhibit Trego, David Dep. 2022.03.08 (redacted), #6 Exhibit Wright, Julius A. Dep. Excerpts (redacted))(Grob, Mary)
April 11, 2022 Opinion or Order Filing 201 MOTION to Seal Document #194 Sealed Document: *Memorandum in Support of Duke Entities' #191 MOTION for Summary Judgment, and Certain Exhibits by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 4/25/2022 (Grob, Mary). Motion no longer referred to David S. Cayer. Modified to remove referral on 4/12/2022 (nvc). Modified *text on 4/15/2022 (ejb).
April 11, 2022 Opinion or Order Filing 200 MEMORANDUM in Support re #199 MOTION to Withdraw Certain Exhibits Filed with Duke's Motion for Summary Judgment by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit A - Exhibit List)(Grob, Mary)
April 11, 2022 Opinion or Order Filing 199 MOTION to Withdraw Certain Exhibits Filed with Duke's Motion for Summary Judgment by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Grob, Mary). Motion no longer referred to David S. Cayer. Modified to remove referral on 4/12/2022 (nvc).
April 11, 2022 Opinion or Order Filing 198 ORDER re: issues raised in Plaintiff's #197 Letter. Duke is directed to file with the Court no later than 4/12/22 a supplemental appendix; Defendant's brief in response to Plaintiff's Motion for Summary Judgment is extended to 4/22/22. Signed by District Judge Kenneth D. Bell on 4/8/2022. (nvc)
April 11, 2022 Opinion or Order TEXT-ONLY ORDER denying as moot in light of the Court's 4/8/2022 Order, Defendant's #195 Motion to Strike. Entered by District Judge Kenneth D. Bell on 4/11/2022. (nvc)
April 7, 2022 Opinion or Order Filing 197 Letter to the Court dated April 6, 2022 regarding dispute concerning Plaintiff's Summary Judgment Brief and related Appendix, docket entries #191 - #194 . (kab) Modified text on 4/8/2022 (kby).
April 7, 2022 Opinion or Order Filing 196 MEMORANDUM in Support re #195 MOTION to Strike #194 Sealed Document,, Duke Entities' Memorandum in Support of Motion for Summary Judgment by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Attachments: #1 Exhibit A - Judge Drozd Rules, #2 Exhibit B - CafeX Communications v. AWS, #3 Exhibit C - Etkin & Co. v. SBD, LLC Docket Sheet, #4 Exhibit D - Lopez v. The Gap, #5 Exhibit E - VirnetX v. Microsoft, #6 Exhibit F - Compilation of Pages)(Willis, Marguerite)
April 7, 2022 Opinion or Order Filing 195 MOTION to Strike #194 Sealed Document,, Duke Entities' Memorandum in Support of Motion for Summary Judgment by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 4/21/2022 (Willis, Marguerite)
April 4, 2022 Opinion or Order Filing 194 Sealed Document (Sealed - Attorney): Memorandum in Support of Duke Entities' Motion for Summary Judgment re: #191 MOTION for Summary Judgment by Duke Energy Carolinas, LLC; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Evans, Jason)
April 4, 2022 Opinion or Order Filing 193 Sealed Document (Sealed - Attorney): Appendix 2 re: #191 MOTION for Summary Judgment by Duke Energy Carolinas LLC; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Exhibit 156 - Morris, John Deposition Transcript - Excerpts, #2 Exhibit 157 - Morris, John - Expert Report - Excerpts, #4 Exhibit 159 - Mudge, Robert Dep. Ex. 01 - Excerpts, #5 Exhibit 160 - NTE 30(b)(6) (Clarkson) Deposition Transcript Vol. I - Excerpts, #6 Exhibit 161 - NTE 30(b)(6) (Clarkson) Deposition Transcript Vol. II - Excerpts, #26 Exhibit 181 - NTE 30(b)(6) (Clarkson) Dep. Ex. 24, #51 Exhibit 206 - Price, Geno Dep. Ex. 11, #53 Exhibit 208 - Shortlidge, Seth Dep. Ex. 28, #59 Exhibit 214 - Trego, David Deposition Transcript, #72 Exhibit 227 - Trego, David Dep. Ex. Trego 18, #73 Exhibit 228 - Trobaugh, Michael Deposition Transcript - Excerpts, #82 Exhibit 237 - Warren, Ann Deposition Transcript - Excerpts, #83 Exhibit 238 - Warren, Ann Dep. Ex. NTE 20, #84 Exhibit 239 - Warren, Ann Dep. Ex. NTE 21, #85 Exhibit 240 -Weeks, Garrett Deposition Transcript - Excerpts, #87 Exhibit 242 - Weeks, Garrett Dep. Ex. 08, #88 Exhibit 243 - Wright, Julius A. Deposition Transcript Excerpts, #93 Exhibit 248 - Atkins, Andrew Declaration, #94 Exhibit 249 - Fleming, Gerry Declaration, #95 Exhibit 250 - James, Harold Declaration, #98 Exhibit 253 - Lamb, James Declaration, #99 Exhibit 254 - Rodgers, Stephen Declaration and Expert Report, #100 Exhibit 255 - Tabor, Angie Declaration, (Evans, Jason) Modified to remove withdrawn exhibits pursuant to 4/12/2022 Text Order on 4/12/2022 (nvc).
April 4, 2022 Opinion or Order Filing 192 Sealed Document (Sealed - Attorney): Appendix re: #191 MOTION for Summary Judgment by Duke Energy Carolina, LLC; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Exhibit LGIA, #3 Exhibit LGIA Amendment 2, #16 Exhibit Celebi, Metin Dep. Ex. 01 - Excerpts, #19 Exhibit Clarkson, Stephanie Deposition Transcript - Excerpts, #21 Exhibit Clarkson, Stephanie Dep. Ex. 02, #55 Exhibit Duke 30(b)(6) (Tabor) Deposition Transcript Vol. II, #61 Exhibit Eves, Timothy Deposition Transcript - Excerpts, #74 Exhibit FPWC 30(b)(6) (Rynne) Deposition Transcript, #76 Exhibit FPWC 30(b)(6) (Rynne) Dep. Ex. 5, #89 Exhibit GDS 30(b)(6) (Brunault) Deposition Transcript, #91 Exhibit GDS 30(b)(6) (Brunault) Ex. 4, #92 Exhibit GDS 30(b)(6) (Brunault) Ex. 5, #94 Exhibit Green, Michael Deposition Transcript Vol. I - Excerpts, #95 Exhibit Green, Michael Deposition Transcript Vol. II - Excerpts, #99 Exhibit Green, Michael Dep. Ex. 05, #102 Exhibit Green, Michael Dep. Ex. 13, #103 Exhibit Green, Michael Dep. Ex. 15, #104 Exhibit Green, Michael Dep. Ex. 17, #105 Exhibit Green, Michael Dep. Ex. 18, #106 Exhibit Green, Michael Dep. Ex. 19, #108 Exhibit Green, Michael Dep. Ex. 37, #109 Exhibit Green, Michael Dep. Ex. 40, #110 Exhibit Halley, Randy Deposition Transcript - Excerpts, #125 Exhibit Knight, Richard Deposition Transcript - Excerpts, #126 Exhibit Knight, Richard Dep. Ex. 12, #127 Exhibit Lewter, Scott Deposition Transcript Excerpts, #133 Exhibit Massey, William Dep. Ex. 01 - Excerpts, #134 Exhibit Miller, Kristi Deposition Transcript, #154 Exhibit Miller, Kristi Dep. Ex. 46, #155 Exhibit Miller, Kristi Dep. Ex. 47)(Evans, Jason) Modified to remove withdrawn exhibits pursuant to 4/12/2022 Text Order on 4/12/2022 (nvc).
April 4, 2022 Opinion or Order Filing 191 MOTION for Summary Judgment by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 4/18/2022 (Evans, Jason)
April 1, 2022 Opinion or Order Filing 190 Miscellaneous Filing by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Baughman, John)
April 1, 2022 Opinion or Order TEXT-ONLY ORDER: The Court grants the Parties' joint request [Doc. No. 190] to file their motions for summary judgment and supporting documents provisionally under seal pending the filing of a particularized motion to seal to be filed within 7 days of the filing of any summary judgment motion. The Parties are again advised that the Court intends to strictly limit the filing of any papers under seal in accordance with the First Amendment and other applicable law. So Ordered. Entered by District Judge Kenneth D. Bell on 4/1/2022. (khm)
March 31, 2022 Opinion or Order Filing 189 TRANSCRIPT of motion to preclude hearing held on 03/23/2022 before Judge Kenneth D. Bell. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 6/27/2022. (Reporter: Deborah Cohen-Rojas, 704-350-7400)
March 28, 2022 Opinion or Order TEXT-ONLY ORDER granting in part #188 Motion for Leave to File Excess Pages. Brief in support and brief in opposition may be thirty-five pages. Reply brief may be fifteen pages. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/28/2022. (DLG)
March 25, 2022 Opinion or Order Filing 188 MOTION for Leave to File Excess Pages in Support or Opposition to Motions for Summary Judgment Due April 4, 2022 by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 4/8/2022 (Attachments: #1 Memorandum) (Evans, Jason). Motions referred to David S. Cayer.
March 24, 2022 Opinion or Order Filing 187 ORDER granting in part and denying in part #177 Motion to Preclude Evidence. The clerk is directed to unseal Doc. Nos. 176-4, 176-5 and 176-7. Signed by District Judge Kenneth D. Bell on 3/24/2022. (nvc)
March 23, 2022 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Kenneth D. Bell. Re #177 Motion to Preclude NTEs Late Disclosed Damages Computation or, Alternatively, an Extension of the Case Management Plan. Motion taken under advisement, order to issue. Plaintiffs attorney: Jason Evans. Defendants attorney: John Baughman and Daniel Schwartz. Court reporter: Deborah Cohen. (nvc)
March 18, 2022 Opinion or Order Filing 186 REPLY to Response to Motion re #177 MOTION Motion to Preclude NTEs Late Disclosed Damages Computation or, Alternatively, an Extension of the Case Management Plan by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Evans, Jason)
March 15, 2022 Opinion or Order TEXT-ONLY ORDER granting #183 consent MOTION to Seal Document re: Unredacted Response to Duke's Motion to Preclude (ECF 175) and Certain Exhibits. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/15/2022. (DLG)
March 14, 2022 Opinion or Order Filing 185 MEMORANDUM in Support re #183 MOTION to Seal Document Unredacted Response to Duke's Motion to Preclude (ECF 175) and Certain Exhibits by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite)
March 14, 2022 Opinion or Order Filing 184 Sealed Document (Sealed - Attorney): Unredacted Memo in Support of NTE's Opposition to Duke's Motion to Preclude (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Exhibit 16 - 2019-10-19 Emails between H James and M Jennings et al re Wholesale JO Biz Plan 2013-11-06 with attachment, #2 Exhibit 17 - M Green Deposition Transcript Excerpts, #3 Exhibit 18 - 2017-04-04 Enails from J Covian to B Pierce et al re NTE, #4 Exhibit 19 - 2015-02-08 L Quick Enmail to J BVailey et al re Final Deck for Market Solutions Biz Plan Review Meeting, #5 Exhibit 20 - 2016-05-27 H James email to B Griffin et al re SMC Deck with attachment, #6 Exhibit 21 - 2016-10-18 H James email to D Reilly re Deck for Tomorrow, #7 Exhibit 22 - 2018-10-29 Emails betweeb J Ellis and D Reilly et al re Voluntary Severence Package, #8 Exhibit 23 - 2015-11-24 Emails between H James and J Ellis re New River Diesels Analysis, #9 Exhibit 24 - 2018-10-01 Emails between D Johnson and R Knight re More NTE Customers, #10 Exhibit 25 - 2018-03-16 Emails between T Edwards and H James re All Hands Deck with attachment, #11 Exhibit 26 - 2019-02-27 Emails between M DeLyon and D Johnson et al re Scary Article, #12 Exhibit 27 - 2018-05-14 Emails between R Caldwell and H James et al re Duke Energy News in Review, #13 Exhibit 28 - 2019-10-14 B Newson Email to D Muxie et al re NTE, #14 Exhibit 29 - 2018-07-12 H James email to S Young et al re Fayetteville PWC Non Binding Proposal with Attachment, #15 Exhibit 30 - H James Deposition Transcript Excerpts, #16 Exhibit 31 - R Halley Deposition Transcript Excerpts, #17 Exhibit 32 - 2019-04-12 Emails between M Green and R Huff et al re NTE Introduction, #18 Exhibit 34 - 2019-05-22 Duke letter to NTE re Notice of Breach of Standard LGIA, #19 Exhibit 35 - 2019-06-24 Duke letter to NTE re Notice of Second Breach of Standard LGIA, #20 Exhibit 36 - A Tabor 30(b)(6) Deposition Transcript Excerpts, #21 Exhibit 38 - 2019-07-17 Emails between G Pice and W Cascio re Summary of Estimated Committed Costs, #22 Exhibit 40 - S Clarkson Deposition Transcript Excerpts, #23 Exhibit 41 - 2019-10-04 Emails between B Newson and D Muxie et al re NTE, #24 Exhibit 42 - 2019-05-23 Text Messages (Eves Depo Ex 0018), #25 Exhibit 44 - 2016-11-07 Emails between C Pollak and H Jacob et al re DEP meeting - summary, #26 Exhibit 45 - 2017-01-24 Emails between M Anthony and M Green et al re Meeting in Raleigh re Q386, #27 Exhibit 46 - 2016-12-30 NTE-NC Solar Duke Summary w Comments, #28 Exhibit 47 - 2018-09-28 Emails between G Weeks and C Pollak et al re Interconnection Request Package, #29 Exhibit 48 - 2018-04-18 Emails between K Miller and G Weeks et al re Feasibility Study Agreement Ready for Execution, #30 Exhibit 49 - 2018-06-20 Emails between M. Green and J Brooks et al re NTE - Birdseye NDA, #31 Exhibit 50 - 2019-05-14 Emails between M Green and S Montilla et al re New Project in DEC Queue, #32 Exhibit 51 - 2015-04-01 Services Agreement between NTE Carolinas and NTE Energy Services, #33 Exhibit 52 - 2015-10-13 Options Agreement between NTE and P Johnson, #34 Exhibit 53 - 2016-08-15 Options Agreement between NTE and M Overby et al, #35 Exhibit 54 - 2017-07-05 Development Expense Reimbursement Agreement between NTE and Mitsubishi, #36 Exhibit 55 - Equity Returns Worksheet, #37 Exhibit 57 - 2018-04 Blackline Comparison of NTE IV Feasibility Study Agreement, #38 Exhibit 58 - 2018-03 Independent Review Checklist, #39 Exhibit 59 - 2018-02-16 Appendix 1 to LGIP between NTE and Duke, #40 Exhibit 60 - 2018-02-20 Emails between O Piper and S Lewter re NTE 4 - Application files, #41 Exhibit 61 - 2018-04-18 Interconnection Feasibility Study Agreement between NTE and Duke, #42 Exhibit 62 - 2018-04-27 S Lewter Email to G Weeks et al re NTE 4 Feasibility Study Due Date, #43 Exhibit 63 - 2018-07-20 M De Lyon email re Fayetteville Solar and Winterville Article, #44 Exhibit 64 - 2018-08-02 Emails between O Piper and S Lewter et al re Status Update and Proposed Easement Map, #45 Exhibit 65 - 2018-11-05 Emails between O Piper and A Tabor et al re LGIA Request, #46 Exhibit 66 - 2019-05-07 Emails between O Piper and M Koenig et al re NTE Anderson, #47 Exhibit 67 - 2019-05-31 O Piper Email to C Allen et al re NTE IV Prelim Feasibility Study Report, #48 Exhibit 68 - 2019-07-31 Emails between O Piper and D Stainback re NTE Carolinas IV, #49 Exhibit 69 - 2020-01-28 O Piper Email to D Stainback et al re System Impact Breaker Study, #50 Exhibit 70 - 2020-06-30 Feasibility Study Report, #51 Exhibit 71 - 2020-08-28 LGIP System Impact Study Agreement between NTE and Duke, #52 Exhibit 72 - 2020-10-22 Appendix 1 to LGIP between NTE and Duke, #53 Exhibit 73 - 2020-12-11 LGIP System Impact Study Agreement between NTE and Duke, #54 Exhibit 74 - 2018-01-08 Appendix 4 to LGIP between NTE and Duke, #55 Exhibit 75 - 2018-12-28 Emails between A Tabor and JH Brooks re Q386 NTE Carolinas Solar, #56 Exhibit 76 - S Clarkson 30(b)(6) Deposition Transcript Excerpts, #57 Exhibit 79 - T Eves Deposition Transcript Excerpts, #58 Affidavit Declaration of S Clarkson in Support of NTE's Opposition to Duke's Motion to Preclude)(Willis, Marguerite)
March 14, 2022 Opinion or Order Filing 183 MOTION to Seal Document Unredacted Response to Duke's Motion to Preclude (ECF 175) and Certain Exhibits by NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 3/28/2022 (Attachments: #1 Index of Exhibits) (Willis, Marguerite). Motions referred to David S. Cayer.
March 14, 2022 Opinion or Order Filing 182 MEMORANDUM in Opposition re #177 MOTION to Preclude NTEs Late Disclosed Damages Computation or, Alternatively, an Extension of the Case Management Plan by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Replies due by 3/21/2022 (Attachments: #1 Affidavit Declaration of John F. Baughman in Support of NTE's Opposition to Duke's Motion to Preclude, #2 Index of Exhibits, #3 Exhibit 1 - 2021-12-02 Text Order on Motion for Extention of Time, #4 Exhibit 2 - 2022-01-14 M. Celebi Expert Report and Exhibits, #5 Exhibit 3 - 2020-11-24 Duke's 1st RFP to NTE, #6 Exhibit 4 - 2021-03-02 Final NTE Search Terms and Custodians, #7 Exhibit 5 - 2021-09-17 Duke's 2nd RFP to NTE, #8 Exhibit 6 - 2022-01-19 Final Search Terms for Duke's 2nd RFP, #9 Exhibit 7 - 2021-11-23 DUke's Notice of 30(b)(6) Deposition of NTE Energy, #10 Exhibit 8 - 2022-01-26 Duke's Amended Notice of 30((b)(6) Deposition of NTE Energy, #11 Exhibit 9 - 2022-02-07 D Schwartz email to D Green et al re documents for S Clarkson 30(b)(6) Deposition, #12 Exhibit 10 - 2022-02-07 D Schwartz email attachment #1, #13 Exhibit 11 - 2022-02-07 D Schwartz email attachment #2, #14 Exhibit 12 - 2022-02-07 D Schwartz email attachment #3, #15 Exhibit 13 - 2022-02-07 D Schwartz email attachment #4, #16 Exhibit 14 - 2022-02-15 emails between Baughman and Atkins et al re Duke v NTE - Request for Consent, #17 Exhibit 15 - 2022-02-23 NTE letter to DUke re Damages with exhibits, #18 Exhibit 33 - 2017-11-08 LGIA bet Duke and NTE, #19 Exhibit 37 - 2020-05-21 FERC Order on Petition for Declaratory Order, #20 Exhibit 43 - 2021-08-04 MHPSA Notice of Dismissal Without Prejudice, #21 Exhibit 56 - 2021-05-12 NTE's Response to Duke's Interrogatory #5, #22 Exhibit 78 - 2021-08-03 NCUC Order Renewing Certificate) (Willis, Marguerite)
March 14, 2022 Opinion or Order Filing 181 REPORT of Mediation. Outcome of Mediation: Parties reached an Impasse. (Evans, Jason)
March 8, 2022 Opinion or Order Filing 180 ORDER granting #179 Motion for Leave to Appear Pro Hac Vice added Zachary B. Cohen for Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 3/8/2022. (brl)
March 8, 2022 Opinion or Order Notice to Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 3/15/2022. (brl) Modified text on 3/8/2022 (brl).
March 7, 2022 Opinion or Order Filing 179 MOTION for Leave to Appear Pro Hac Vice as to Zachary B. Cohen Filing fee $ 288, receipt number ANCWDC-5468942. by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite). Motions referred to David S. Cayer.
March 4, 2022 Opinion or Order Filing 178 MEMORANDUM in Support re #177 MOTION Motion to Preclude NTEs Late Disclosed Damages Computation or, Alternatively, an Extension of the Case Management Plan by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit A - SEALED, #2 Exhibit B - NTE's Initial Disclosures, #3 Exhibit C - NTE's Responses to 1st Requests for Production, #4 Exhibit D - SEALED, #5 Exhibit E - SEALED, #6 Exhibit F - NTE's Response to 30(b)(6) Notice, #7 Exhibit G - SEALED)(Evans, Jason)
March 4, 2022 Opinion or Order Filing 177 MOTION to Preclude NTEs Late Disclosed Damages Computation or, Alternatively, an Extension of the Case Management Plan by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 3/18/2022 (Evans, Jason). Motion no longer referred to David S. Cayer. Modified to remove referral on 3/7/2022 (nvc).
March 4, 2022 Opinion or Order TEXT-ONLY ORDER granting #173 Consent MOTION to Seal Document re: Duke's Motion to Preclude NTE's Late Disclosed Damages Computation or, Alternatively, an Extension of Case Management Plan. So Ordered.. Entered by Magistrate Judge David S. Cayer on 3/4/2022. (DLG)
March 4, 2022 Opinion or Order TEXT-ONLY ORDER re #177 Motion to Preclude. Text of Order: Plaintiffs are directed to file their response to the pending motion on or before 3/14/2022. Defendants' reply, if any, must be filed on or before 3/18/22. All case management deadlines remain in effect. ORDER Setting Hearing on #177 Motion to Preclude set for 3/23/2022 10:00 AM in Courtroom #4B, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. Entered by District Judge Kenneth D. Bell on 3/4/2022. (nvc)
March 3, 2022 Opinion or Order Filing 176 Sealed Document (Sealed - Attorney): Memorandum in Support of Motion to Preclude re: #175 SEALED MOTION (Sealed - Attorney) Motion to Preclude by Duke Energy Carolinas LLC; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. by Duke Energy Carolinas LLC; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F, #7 Exhibit Exhibit G)(Evans, Jason) Modified security, Doc. Nos. 176-4, 176-5 and 176-7 unsealed pursuant to 187 Order on 3/24/2022 (nvc).
March 3, 2022 Opinion or Order Filing 175 SEALED MOTION (Sealed - Attorney) Motion to Preclude by Duke Energy Carolinas LLC; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) Responses due by 3/17/2022 (Evans, Jason). Motion no longer referred to David S. Cayer. Modified to remove referral on 3/7/2022 (nvc).
March 3, 2022 Opinion or Order Filing 174 MEMORANDUM in Support re #173 Consent MOTION to Seal Document - Duke's Motion to Preclude NTE's Late Disclosed Damages Computation or, Alternatively, an Extension of Case Management Plan and Certain Exhibits by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit 1 - Redacted Version)(Evans, Jason)
March 3, 2022 Opinion or Order Filing 173 Consent MOTION to Seal Document - Duke's Motion to Preclude NTE's Late Disclosed Damages Computation or, Alternatively, an Extension of Case Management Plan and Certain Exhibits by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 3/17/2022 (Evans, Jason). Motions referred to David S. Cayer.
February 22, 2022 Opinion or Order Filing 172 ORDER granting in part and denying in part Plaintiff's #130 Motion to Compel Documents in Response to Second Requests for Production and Motion for Expedited Briefing and #154 Motion to Compel the Production of Improperly Withheld Documents and Defendants' #138 Motion to Compel, as more fully set forth herein; and denying as moot Plaintiff's #157 Motion for Expedited Briefing. Signed by Magistrate Judge David S. Cayer on 2/22/2022. (mek)
February 17, 2022 Opinion or Order Filing 171 STIPULATION Extending Expert Witness Deposition Case Management Deadlines by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC (Evans, Jason)
February 15, 2022 Opinion or Order Filing 170 REPLY to Response to Motion re #138 MOTION to Compel by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite)
February 13, 2022 Opinion or Order Filing 169 REPLY to Response to Motion re #154 MOTION to Compel the Productions of Improperly Withheld Documents by Duke Energy Carolinas, LLC. (Quinn-Barabanov, Jennifer)
February 13, 2022 Opinion or Order TEXT-ONLY ORDER granting #167 Consent MOTION to Seal Document re: Plaintiff and Counterclaim Defendants' Reply in Support of Motion to Compel. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/13/2022. (DLG)
February 12, 2022 Opinion or Order Filing 168 SEALED REPLY (Sealed - Attorney) to Response to Motion re: #167 Motion to Seal Document, by Duke Energy Carolinas, LLC; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Quinn-Barabanov, Jennifer)
February 12, 2022 Opinion or Order Filing 167 Consent MOTION to Seal Document Plaintiff and Counterclaim Defendants' Reply in Support of Motion to Compel by Duke Energy Carolinas, LLC. Responses due by 2/28/2022 (Attachments: #1 Memorandum Memorandum in Support of Motion to Seal Reply, #2 Exhibit Exhibit 1 - Redacted Reply Brief) (Quinn-Barabanov, Jennifer). Motions referred to David S. Cayer.
February 9, 2022 Opinion or Order Filing 166 MEMORANDUM in Support re #164 MOTION to Seal Document by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite)
February 9, 2022 Opinion or Order TEXT-ONLY ORDER granting #159 Consent MOTION to Seal Document. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/9/2022. (DLG)
February 9, 2022 Opinion or Order TEXT-ONLY ORDER granting #164 MOTION to Seal Document. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/9/2022. (DLG)
February 8, 2022 Opinion or Order Filing 165 Unredacted Document (Sealed - Attorney) (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Exhibit Exh 3 - NTE_00225788 original production, #2 Exhibit Exh 3A - NTE_00225788 11-22-21 production, #3 Exhibit Exh 3B - NTE_00225786, #4 Exhibit Exh 4 - NTE_00203125, #5 Exhibit Exh 5 - NTE_00203137, #6 Exhibit Exh 6 - NTE_00376301 original production, #7 Exhibit Exh 6A, #8 Exhibit Exh 7, #9 Exhibit Exh 7A, #10 Exhibit Exh 8, #11 Exhibit Exh 8A, #12 Exhibit Exh 9, #13 Exhibit Exh 9A, #14 Exhibit Exh 10, #15 Exhibit Exh 16, #16 Exhibit Exh 16A, #17 Exhibit Exh 17, #18 Exhibit Exh 17A, #19 Exhibit Exh 18, #20 Exhibit Exh 19)(Willis, Marguerite)
February 8, 2022 Opinion or Order Filing 164 MOTION to Seal Document by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 2/22/2022 (Attachments: #1 Index of Exhibits) (Willis, Marguerite). Motions referred to David S. Cayer.
February 8, 2022 Opinion or Order Filing 163 MEMORANDUM in Opposition re #154 MOTION to Compel the Productions of Improperly Withheld Documents by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Replies due by 2/15/2022 (Attachments: #1 Affidavit Declaration of Kirsten Small in Support of NTE's Memo in Opposition to Duke's Second Motion to Compel, #2 Index of Exhibits, #3 Exhibit Exhibit 1 - 2022-02-07 letter re NTE 24th Production, #4 Exhibit Exhibit 2 - 2019-11-20 Green Email, #5 Exhibit Exhibit 11 - 2021-11-22 NTE letter re redacted NTE documents, #6 Exhibit Exhibit 12 - 2021-11-03 Duke letter challenging clawbacks, #7 Exhibit Exhibit 13 - 2021-10-18 Duke email re May 7 and Noc 20 emails, #8 Exhibit Exhibit 14 - 2021-10-25 NTE email responding to 10-18 email, #9 Exhibit Exhibit 15 - 2021-11-23 emails re impasse)(Willis, Marguerite)
February 8, 2022 Opinion or Order Filing 162 RESPONSE to Motion re #138 MOTION to Compel [REDACTED] by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Replies due by 2/15/2022 (Attachments: #1 Exhibit Notice of Sealed Exhibit A, #2 Exhibit Notice of Sealed Exhibit B, #3 Exhibit Notice of Sealed Exhibit C, #4 Exhibit Notice of Sealed Exhibit D, #5 Exhibit Notice of Sealed Exhibit E, #6 Exhibit Notice of Sealed Exhibit F, #7 Exhibit G - Tabor Declaration, #8 Exhibit H - Lewter Declaration, #9 Exhibit I - Peretz Declaration)(Evans, Jason)
February 8, 2022 Opinion or Order Filing 161 SEALED RESPONSE (Sealed - Attorney) to Motion re: #138 Motion to Compel, #159 Motion to Seal Document, by Duke Energy Carolinas, LLC; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) Replies due by 2/15/2022 (Attachments: #1 Exhibit A - Clawback Doc, #2 Exhibit B - Clawback Doc, #3 Exhibit C - Clawback Doc, #4 Exhibit D - Clawback Doc, #5 Exhibit E - Clawback Doc, #6 Exhibit F - Clawback Doc, #7 Exhibit G - Tabor Declaration, #8 Exhibit H - Lewter Declaration, #9 Exhibit I - Peretz Declaration)(Evans, Jason)
February 8, 2022 Opinion or Order Filing 160 MEMORANDUM in Support re #159 Consent MOTION to Seal Document Duke's Response to NTE's Motion to Compel and Certain Exhibits by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit 1 - [Redacted] Duke's Response to NTE's Motion to Compel)(Evans, Jason)
February 8, 2022 Opinion or Order Filing 159 Consent MOTION to Seal Document [Doc. 161] Duke's Response to NTE's Motion to Compel and Certain Exhibits by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 2/22/2022 (Evans, Jason). Motions referred to David S. Cayer. Modified text on 2/9/2022 (tms).
February 1, 2022 Opinion or Order Filing 158 MEMORANDUM in Support re #157 Consent MOTION to Expedite Briefing by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Grob, Mary)
February 1, 2022 Opinion or Order Filing 157 Consent MOTION to Expedite Briefing by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 2/15/2022 (Grob, Mary)
February 1, 2022 Opinion or Order Filing 156 Sealed Document (Sealed - Attorney): Memorandum in Support of Motion to Compel Production of Certain Documents re: #154 MOTION to Compel the Productions of Improperly Withheld Documents by Duke Energy Carolinas LLC; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Affidavit Heath Declaration, #2 Affidavit McDowell Declaration)(Grob, Mary)
February 1, 2022 Opinion or Order Filing 155 MEMORANDUM in Support re #154 MOTION to Compel the Productions of Improperly Withheld Documents by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit 1 - Operative Schedule, #2 Affidavit Heath Declaration, #3 Affidavit McDowell Declaration)(Grob, Mary)
February 1, 2022 Opinion or Order Filing 154 MOTION to Compel the Productions of Improperly Withheld Documents by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 2/15/2022 (Grob, Mary). Motions referred to David S. Cayer.
February 1, 2022 Opinion or Order Filing 153 MEMORANDUM in Support re #152 Consent MOTION to Seal Document Plaintiff and Counterclaim Defendants' Memorandum in Support of Motion to Compel and Certain Exhibits by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Envelope A - Memo in Support of Motion to Compel (REDACTED), #2 Exhibit B - Heath Declaration (REDACTED), #3 Exhibit C - McDowell Declaration (REDACTED))(Grob, Mary)
February 1, 2022 Opinion or Order Filing 152 Consent MOTION to Seal Document Plaintiff and Counterclaim Defendants' Memorandum in Support of Motion to Compel and Certain Exhibits by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 2/15/2022 (Grob, Mary). Motions referred to David S. Cayer.
February 1, 2022 Opinion or Order TEXT-ONLY ORDER granting #152 Consent MOTION to Seal Document re Plaintiff and Counterclaim Defendants' Memorandum in Support of Motion to Compel and Certain Exhibits. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/1/2022. (DLG)
January 31, 2022 Opinion or Order Filing 151 REPLY to Response to Motion re #130 MOTION to Compel Documents in Response to Second Requests for Production and Motion for Expedited Briefing [REDACTED] by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Evans, Jason)
January 31, 2022 Opinion or Order Filing 150 Sealed Document (Sealed - Attorney): Duke's Reply to NTE Response to Duke's Motion to Compel re: #148 MOTION to Seal Document #130 MOTION to Compel Documents in Response to Second Requests for Production and Motion for Expedited Briefing, #146 Response to Motion,,,, , #146 Response to Motion,,,, by Duke Energy Progress, LLC; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Evans, Jason)
January 31, 2022 Opinion or Order Filing 149 MEMORANDUM in Support re #148 MOTION to Seal Document #130 MOTION to Compel Documents in Response to Second Requests for Production and Motion for Expedited Briefing, #146 Response to Motion,,,, by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit A - Redacted Reply)(Evans, Jason)
January 31, 2022 Opinion or Order Filing 148 MOTION to Seal Reply to #146 Response to #130 MOTION to Compel Documents in Response to Second Requests for Production and Motion for Expedited Briefing by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 2/14/2022 (Evans, Jason). Motions referred to David S. Cayer. Modified text on 2/1/2022 (rth).
January 31, 2022 Opinion or Order TEXT-ONLY ORDER granting #148 Motion to Seal Document re Reply to #146 Response to Motion. So Ordered. Entered by Magistrate Judge David S. Cayer on 1/31/2022. (DLG)
January 28, 2022 Opinion or Order Filing 147 MOTION to Withdraw as Attorney Chamberlain E. Collier by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 2/11/2022 (Attachments: #1 Proposed Order) (Collier, Chamberlain). Motions referred to David S. Cayer.
January 28, 2022 Opinion or Order TEXT-ONLY ORDER granting #147 Motion to Withdraw as Attorney. Attorney Chamberlain Elizabeth Collier terminated. So Ordered. Entered by Magistrate Judge David S. Cayer on 1/28/2022. (DLG)
January 27, 2022 Opinion or Order Filing 146 RESPONSE to Motion re #130 MOTION to Compel Documents in Response to Second Requests for Production and Motion for Expedited Briefing by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Replies due by 2/3/2022 (Attachments: #1 Declaration of Kirsten Small in Support of NTE's Response to Duke's Motion to Compel, #2 Exhibit 1 1-11-2021 NTE's Responses to Plaintiff's 1st Requests for Production, #3 Exhibit 2 3-2-2021 Email from M Grob re NTE's EDiscovery Proposal, #4 Exhibit 3 4-5-2021 Duke's 1st Set of Interrogatories to NTE, #5 Exhibit 4 5-12-2021 NTE's Answers to Plaintiff's 1st Interrogatories, #6 Exhibit 5 9-17-2021 Duke's 2nd Requests for Production to NTE, #7 Exhibit 6 10-25-2021 NTE's Responses & Objections to Duke's 2nd Requests for Production, #8 Exhibit 7 1-19-2022 Email from S Boedicker, #9 Exhibit 8 11-17-2021 Email from K Small)(Willis, Marguerite)
January 26, 2022 Opinion or Order Filing 145 ORDER granting #143 Motion for Leave to Appear Pro Hac Vice added Christopher G. Renner for Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC; granting #144 Motion for Leave to Appear Pro Hac Vice added Douglas E. Litvack for Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC (Pro Hac Vice Attorneys served via NEF). Signed by Magistrate Judge David S. Cayer on 1/26/2022. (mek)
January 26, 2022 Opinion or Order Notice to Christopher G. Renner: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Update/Link Existing Account #Link. (Attorney served via NEF) Deadline by 2/2/2022. (mek)
January 26, 2022 Opinion or Order Notice to Douglas E. Litvack: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 2/2/2022. (mek)
January 25, 2022 Opinion or Order Filing 144 MOTION for Leave to Appear Pro Hac Vice as to Douglas E. Litvack Filing fee $ 288, receipt number ANCWDC-5408802. by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite). Motions referred to David S. Cayer.
January 25, 2022 Opinion or Order Filing 143 MOTION for Leave to Appear Pro Hac Vice as to Christopher G. Renner Filing fee $ 288, receipt number ANCWDC-5408796. by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite). Motions referred to David S. Cayer.
January 25, 2022 Opinion or Order Filing 142 MEMORANDUM in Support re #140 MOTION to Seal Document by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite)
January 25, 2022 Opinion or Order Filing 141 Unredacted Document (Sealed - Attorney) re #140 Motion to Seal Document, by Defendants/Counter-Plaintiffs; (available to Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Attachments: #1 Sealed Exhibit 1, #2 Sealed Exhibit 2, #3 Sealed Exhibit 3, #4 Sealed Exhibit 4, #5 Sealed Exhibit 5, #6 Sealed Exhibit 6, #7 Sealed Exhibit 6A, #8 Sealed Exhibit 10, #9 Sealed Exhibit 10A, #10 Sealed Exhibit 11, #11 Sealed Exhibit 11A)(Willis, Marguerite)
January 25, 2022 Opinion or Order Filing 140 MOTION to Seal Document by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 2/8/2022 (Attachments: #1 Index of Exhibits) (Willis, Marguerite). Motions referred to David S. Cayer.
January 25, 2022 Opinion or Order Filing 139 MEMORANDUM in Support re #138 MOTION to Compel by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Attachments: #1 Declaration of Kirsten Small in Support of NTE's Motion to Compel, #2 Index of Exhibits, #3 Exhibit 7 - letter from M Grob 8-30-21, #4 Exhibit 8 - Email from A Atkins 9-22-21, #5 Exhibit 9 - Letter from M Grob 10-6-21)(Willis, Marguerite)
January 25, 2022 Opinion or Order Filing 138 MOTION to Compel by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 2/8/2022 (Willis, Marguerite). Motions referred to David S. Cayer.
January 25, 2022 Opinion or Order TEXT-ONLY ORDER granting #140 MOTION to Seal Document. So Ordered. Entered by Magistrate Judge David S. Cayer on 1/25/2022. (DLG)
January 24, 2022 Opinion or Order Filing 137 FIRST AMENDED STIPULATION AND ORDER GOVERNING THE PROTOCOL FOR CONDUCTING REMOTE DEPOSITIONS AND FOR THE CONFIENTIALITY OF DEPOSITION TRANSCRIPTS. Signed by Magistrate Judge David S. Cayer on 1/24/22. (mga)
January 21, 2022 Opinion or Order Filing 136 Joint MOTION Entry of Amended Order Governing the Protocol For Conducting Remote Depositions And For the Confidentiality of Deposition Transcripts by Castillo Investment Holdings II, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 2/4/2022 (Attachments: #1 Exhibit A - 1st Amended Stipulation and Proposed Order Governing the Protocol For Conducting Remote Depositions and For the Confidentiality of Depositions) (Willis, Marguerite). Motions referred to David S. Cayer.
January 21, 2022 Opinion or Order Filing 135 Redacted ANSWER to #125 Answer to Amended Complaint,,, Counterclaim,, Third Amended Counterclaims by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC.(Evans, Jason)
January 21, 2022 Opinion or Order Filing 134 Sealed Document (Sealed - Attorney): Counterclaim Defendants' Answer to Amended Complaint and Third Amended Counterclaims of NTE re: #132 MOTION to Seal Document Unredacted Answer to Amended Complaint and Third Amended Counterclaims, #133 Memorandum in Support of Motion, by Duke Energy Carolinas, LLC, Duke Energy Progress, LLC and Duke Energy Corporation; (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Evans, Jason)
January 21, 2022 Opinion or Order Filing 133 MEMORANDUM in Support re #132 MOTION to Seal Document Unredacted Answer to Amended Complaint and Third Amended Counterclaims by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit A - Redacted Answer to Amended Complaint and Third Amended Counterclaims)(Evans, Jason)
January 21, 2022 Opinion or Order Filing 132 MOTION to Seal Document Unredacted Answer to Amended Complaint and Third Amended Counterclaims by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 2/4/2022 (Evans, Jason). Motions referred to David S. Cayer.
January 21, 2022 Opinion or Order TEXT-ONLY ORDER granting #132 MOTION to Seal Document re: Unredacted Answer to Amended Complaint and Third Amended Counterclaims. So Ordered. Entered by Magistrate Judge David S. Cayer on 1/21/2022. (DLG)
January 20, 2022 Opinion or Order Filing 131 MEMORANDUM in Support re #130 MOTION to Compel Documents in Response to Second Requests for Production and Motion for Expedited Briefing by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit A - Duke's Second RFPs to NTE, #2 Exhibit B - NTE Response to Duke First Set of Interrogatories, #3 Exhibit C - NTE R&Os to Duke Second RFPs, #4 Exhibit D - 2021.11.17 Small email re: position, #5 Exhibit E - 2021.12.29 Grob email re: Meet and Greet, #6 Exhibit F - 2022.01.18 Small email re: terms, #7 Exhibit G - Duke's One Page Statement (Submission for Discovery Conference), #8 Exhibit H - NTE One Page Summary Statement, #9 Exhibit I - First Agreement (NTE's Search Terms and Custodians))(Evans, Jason)
January 20, 2022 Opinion or Order Filing 130 MOTION to Compel Documents in Response to Second Requests for Production and Motion for Expedited Briefing by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 2/3/2022 (Evans, Jason). Motions referred to David S. Cayer.
January 14, 2022 Opinion or Order Filing 129 Second Supplemental PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 1/14/2022. (mek)
January 14, 2022 Opinion or Order Filing 128 Joint MOTION for Protective Order (Second Supplemental) by Castillo Investment Holdings II, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 1/28/2022 (Attachments: #1 Exhibit A - Proposed 2nd Supplemental Protective Order) (Willis, Marguerite). Motions referred to David S. Cayer.
January 11, 2022 Opinion or Order Filing 127 ORDER granting #126 Motion for Leave to Appear Pro Hac Vice added Jennifer Quinn-Barabanov for Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 1/11/2022. (mek)
January 11, 2022 Opinion or Order Filing 126 MOTION for Leave to Appear Pro Hac Vice as to Jennifer Quinn-Barabanov Filing fee $ 288, receipt number ANCWDC-5389536. by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Evans, Jason). Motions referred to David S. Cayer.
January 11, 2022 Opinion or Order Notice to Jennifer Quinn-Barabanov: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 1/18/2022. (mek)
January 7, 2022 Opinion or Order Filing 125 ANSWER to #114 Amended Complaint,, Amended Complaint, Amended COUNTERCLAIM against Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC by NTE Caroinas II, LLC, NTE Southeast Electric Company, LLC, NTE Energy Services Company LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, Castillo Investment Holdings II, LLC. (Attachments: #1 Exhibit Ex. 1 - Reidsville LGIA, #2 Exhibit Ex. 2 - Duke Petition to Intervene, #3 Exhibit Ex. 3 - NTE Carolinas II Petition, #4 Exhibit Ex. 4 - Order on NTE Petition)(Willis, Marguerite)
January 7, 2022 Opinion or Order Filing 124 MEMORANDUM in Support re #122 Consent MOTION to Seal Document Answer to First Amended Complaint and Amended Complaint & Third Amended Counterclaims by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite)
January 7, 2022 Opinion or Order Filing 123 Sealed Document (Sealed - Attorney): Unredacted Answer to First Amended Complaint and Amended Complaint & Third Amended Counterclaims re: #122 Consent MOTION to Seal Document Answer to First Amended Complaint and Amended Complaint & Third Amended Counterclaims (available to Castillo Investment Holdings II, LLC, Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Willis, Marguerite)
January 7, 2022 Opinion or Order Filing 122 Consent MOTION to Seal Document Answer to First Amended Complaint and Amended Complaint & Third Amended Counterclaims by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 1/21/2022 (Willis, Marguerite). Motions referred to David S. Cayer.
January 7, 2022 Opinion or Order TEXT-ONLY ORDER granting #122 Consent MOTION to Seal Answer to First Amended Complaint and Amended Complaint & Third Amended Counterclaims. So Ordered. Entered by Magistrate Judge David S. Cayer on 1/7/2022. (DLG)
January 6, 2022 Opinion or Order Filing 121 ORDER granting #120 Motion for Leave to Appear Pro Hac Vice added Livia Fine for Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 1/6/2022. (mek)
January 6, 2022 Opinion or Order Filing 120 MOTION for Leave to Appear Pro Hac Vice as to Livia Fine Filing fee $ 288, receipt number ANCWDC-5383894. by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite). Motions referred to David S. Cayer.
January 6, 2022 Opinion or Order Notice to Livia Fine: Pursuant to Local Rule 83.1 you are required to Register for E-Filing Access or Link Existing Account #Link. (Attorney served via NEF) Deadline by 1/13/2022. (mek)
December 20, 2021 Opinion or Order Filing 119 MOTION to Withdraw as Attorney Andrew Hunter Reynard by NTE Caroinas II, LLC, NTE Energy Services Company LLC, NTE Southeast Electric Company, LLC. Responses due by 1/3/2022 (Baughman, John). Motions referred to David S. Cayer.
December 20, 2021 Opinion or Order Filing 118 Consent MOTION for Extension of Time to Answer re: #114 Amended Complaint,, by Castillo Investment Holdings II, LLC, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy Services Company LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite). Motions referred to David S. Cayer.
December 20, 2021 Opinion or Order TEXT-ONLY ORDER granting #118 Consent MOTION for Extension of Time to Answer re: #114 Amended Complaint. Defendants' answer due 1/7/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/20/2021. (DLG)
December 20, 2021 Opinion or Order TEXT-ONLY ORDER granting #119 Motion to Withdraw as Attorney. Attorney Andrew Hunter Reynard terminated. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/20/2021. (DLG)
December 14, 2021 Opinion or Order Filing 117 Summons Issued Electronically as to Castillo Investment Holdings II, LLC, NTE Energy Services Company LLC, NTE Southeast Electric Company, LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons, #2 Summons)(tlj)
December 8, 2021 Opinion or Order Filing 116 ORDER sustaining in part Defendants' #93 Objection to Magistrate Judge Cayer's entry of a Protective Order. Defendants may conduct a limited deposition of Ms. Warren as described in this Order. Plaintiff's #95 Motion for Reconsideration is denied. Defendants may take Ms. Good's deposition as described in this Order. Signed by District Judge Kenneth D. Bell on 12/8/2021. (nvc)
December 8, 2021 Opinion or Order Filing 115 ORDER denying Defendant's #89 Motion for Recusal. Signed by District Judge Kenneth D. Bell on 12/8/2021. (nvc)
December 7, 2021 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Kenneth D. Bell. Re #89 MOTION for Recusal of Judge Bell. Motion taken under advisement, order to issue. Plaintiffs attorney: Jason Evans and Mary Grob. Defendants attorney: Marguerite Willis, Kristen Small and John Baughman. Court reporter: Cheryl Nuccio. (nvc)
December 6, 2021 Opinion or Order Filing 114 AMENDED COMPLAINT with Jury Demand against NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC, NTE Energy Services Company LLC, Castillo Investment Holdings II, LLC, filed by Duke Energy Carolinas, LLC. (Attachments: #1 Exhibit 1 - Order Granting Certificate with Conditions, #2 Exhibit 2 - LGIA, #3 Exhibit 3 - LGIA Amendment No. 1, #4 Exhibit 4 - LGIA Amendment No. 2, #5 Exhibit 5 - Email, #6 Exhibit 6 - Duke Letter, #7 Exhibit 7 - Duke Invoice)(Evans, Jason)
December 2, 2021 Opinion or Order TEXT-ONLY ORDER granting #111 Motion for Leave to File Amended Complaint. Plaintiff shall file Amended Complaint within five days of this Order. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/2/2021. (DLG)
December 2, 2021 Opinion or Order TEXT-ONLY ORDER granting in part and denying in part #113 Joint MOTION for Extension of Scheduling Order Deadlines. Initial expert reports due by 1/14/2022. Rebuttal expert reports due by 2/18/2022. Fact discovery due by 2/14/2022. Expert depositions completed by 3/1/2022. Motions due by 4/4/2022. Dispositive motions response briefs due by 4/25/2022. Dispositive motions reply briefs due by 5/6/2022. Mediation deadline set for 3/4/2022. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/2/2021. (DLG)
December 1, 2021 Opinion or Order Filing 113 Joint MOTION for Extension of Time of Scheduling Order Deadlines in Case Management Order by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 12/15/2021 (Attachments: #1 Exhibit A - Proposed Order) (Willis, Marguerite). Motions referred to David S. Cayer.
December 1, 2021 Opinion or Order Filing 112 MEMORANDUM in Support re #111 Consent MOTION for Leave to File First Amended Complaint by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit 1 - First Amended Complaint)(Evans, Jason)
December 1, 2021 Opinion or Order Filing 111 Consent MOTION for Leave to File First Amended Complaint by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 12/15/2021 (Evans, Jason). Motions referred to David S. Cayer.
November 29, 2021 Opinion or Order Filing 110 NOTICE of Mediator Designation by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC (Evans, Jason)
November 24, 2021 Opinion or Order Filing 109 SEALED RESPONSE (Sealed - Attorney) to Motion re: #107 Motion to Seal Document, #95 Motion for Reconsideration, (available to NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) Replies due by 12/1/2021 (Attachments: #1 Exhibit 1 - email chain, #2 Exhibit 2 - email chain, #3 Exhibit 3 - email chain, #4 Exhibit 4 - email chain, #5 Exhibit 5 - email chain, #6 Exhibit 6 - email chain, #7 Exhibit 7 - email chain, #8 Exhibit 8 - email chain, #9 Exhibit 9 - email chain, #10 Exhibit 10 - email chain, #11 Exhibit 11 - email chain, #12 Exhibit 12 - email chain, #13 Exhibit 13 - email chain, #14 Exhibit 14 - email chain, #15 Exhibit 15 - email chain, #16 Exhibit 16 - email chain)(Willis, Marguerite)
November 24, 2021 Opinion or Order Filing 108 MEMORANDUM in Support re #107 Consent MOTION to Seal Document Unredacted Version of NTE's Opposition to Duke's Objection and Motion for Reconsideration of the Order Denying Request for Protective Order Preventing the Deposition of Lynn Good and Certain Exhibits There by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite)
November 24, 2021 Opinion or Order Filing 107 Consent MOTION to Seal Document Unredacted Version of NTE's Opposition to Duke's Objection and Motion for Reconsideration of the Order Denying Request for Protective Order Preventing the Deposition of Lynn Good and Certain Exhibits Thereto by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 12/8/2021 (Willis, Marguerite). Motions referred to David S. Cayer.
November 24, 2021 Opinion or Order Filing 106 RESPONSE in Opposition re #95 MOTION for Reconsideration re Telephone Conference,, [Objection} by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Replies due by 12/1/2021 (Attachments: #1 Exhibit Exhibit 1 - FILED UNDER SEAL, #2 Exhibit Exhibit 2 - FILED UNDER SEAL, #3 Exhibit Exhibit 3 - FILED UNDER SEAL, #4 Exhibit Exhibit 4 - FILED UNDER SEAL, #5 Exhibit Exhibit 5 - FILED UNDER SEAL, #6 Exhibit Exhibit 6 - FILED UNDER SEAL, #7 Exhibit Exhibit 7 - FILED UNDER SEAL, #8 Exhibit Exhibit 8 - FILED UNDER SEAL, #9 Exhibit Exhibit 9 - FILED UNDER SEAL, #10 Exhibit Exhibit 10 - FILED UNDER SEAL, #11 Exhibit Exhibit 11 - FILED UNDER SEAL, #12 Exhibit Exhibit 12 - FILED UNDER SEAL, #13 Exhibit Exhibit 13 - FILED UNDER SEAL, #14 Exhibit Exhibit 14 - FILED UNDER SEAL, #15 Exhibit Exhibit 15 - FILED UNDER SEAL, #16 Exhibit Exhibit 16 - FILED UNDER SEAL, #17 Exhibit Exhibit 17 - Email from Duke Requesting Conference with MJC, #18 Exhibit Exhibit 18 - 2021-10-28 NTE's Statement, #19 Exhibit Exhibit 19 - Duke's Statement)(Willis, Marguerite)
November 24, 2021 Opinion or Order TEXT-ONLY ORDER granting #107 Consent MOTION to Seal Document re Unredacted Version of NTE's Opposition to Duke's Objection and Motion for Reconsideration. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/24/2021. (DLG)
November 23, 2021 Opinion or Order Filing 105 RESPONSE in Opposition re #93 Objection to Magistrate Judge's Decision by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Replies due by 11/30/2021 (Attachments: #1 Exhibit A - Cascio Depo Excerpts, #2 Exhibit B - Duke's Statement, #3 Exhibit C - NTE's Statement, #4 Exhibit D - Peeler Depo Excerpts, #5 Exhibit E - Combs Depo Excerpts, #6 Exhibit F - Lewter Depo Excerpts)(Evans, Jason)
November 22, 2021 Opinion or Order Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Plaintiffs attorney: N/A. Defendants attorney: N/A. Court reporter: N/A. The Court has reviewed the parties' written submissions and concludes that the discovery dispute requires formal briefing. Accordingly, the telephone conference scheduled for 1pm today is cancelled. Parties are granted leave to file any discovery motions for this and any future discovery disputes. Those motions will be resolved once fully briefed. So Ordered. (KCA)
November 19, 2021 Opinion or Order Filing 104 REPLY to Response to Motion re #89 MOTION for Recusal of Judge Bell by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Willis, Marguerite)
November 16, 2021 Opinion or Order Filing 103 ANSWER to #86 Answer to Complaint,, Counterclaim, [REDACTED] by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC.(Evans, Jason) (Main Document 103 replaced on 1/10/2022) (clc).
November 16, 2021 Opinion or Order TEXT-ONLY ORDER granting #100 MOTION to Seal Document re: Unredacted Answer to Second Amended Counterclaims and Complaint. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/16/2021. (DLG)
November 15, 2021 Opinion or Order Filing 102 Sealed Document (Sealed - Attorney): Counter Defendants' Answer to Second Amended Counterclaim and Complaint re: #100 MOTION to Seal Document Unredacted Answer to Second Amended Counterclaims and Complaint (available to Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC, Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC) (Evans, Jason)
November 15, 2021 Opinion or Order Filing 101 MEMORANDUM in Support re #100 MOTION to Seal Document Unredacted Answer to Second Amended Counterclaims and Complaint by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit A - Redacted Answer to Second Amended Counterclaim and Complaint)(Evans, Jason) (Attachment 1 replaced on 1/10/2022) (clc).
November 15, 2021 Opinion or Order Filing 100 MOTION to Seal Document Unredacted Answer to Second Amended Counterclaims and Complaint by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 11/29/2021 (Evans, Jason). Motions referred to David S. Cayer.
November 15, 2021 Opinion or Order TEXT-ONLY ORDER Text of Order: re #89 Motion for Recusal. Plaintiff is directed to provide the Court on or before November 17, 2021 two binders containing the following (unredacted) documents for its in camera review: Duke 0403871, 0403872, 0430756, 0257565, 0226775, 0362870 and the Outside Counsel Services Agreement dated January 1, 2019 cited in Doc. No. 90 at 7. Plaintiff's submission of these documents for in camera inspection shall not waive any asserted privilege with respect to the documents. Entered by District Judge Kenneth D. Bell on 11/15/2021. (nvc)
November 15, 2021 Opinion or Order NOTICE of Hearing on Motion re: #89 MOTION for Recusal of Judge Bell : Motion Hearing set for 12/7/2021 01:30 PM in Courtroom #4B, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. This is your only notice - you will not receive a separate document.(nvc)
November 12, 2021 Opinion or Order Filing 99 Sealed Document (Sealed - Attorney): Exhibit E - Email Chain re: #96 Memorandum in Support of Motion, (available to Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC) (Attachments: #1 Exhibit E - Sealed Document)(Evans, Jason)
November 12, 2021 Opinion or Order Filing 98 MEMORANDUM in Support re #97 MOTION to Seal Document #96 Memorandum in Support of Motion, Exhibit E by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Evans, Jason)
November 12, 2021 Opinion or Order Filing 97 MOTION to Seal Document #96 Memorandum in Support of Motion, Exhibit E by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 11/26/2021 (Evans, Jason). Motions referred to David S. Cayer.
November 12, 2021 Opinion or Order Filing 96 MEMORANDUM in Support re #95 MOTION for Reconsideration re Telephone Conference,, [Objection} by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. (Attachments: #1 Exhibit A - Duke Submission, #2 Exhibit B - NTE Submission, #3 Exhibit C - Email Chain, #4 Exhibit D - Email Chain, #5 Exhibit E - FILED UNDER SEAL, #6 Exhibit F - Email Chain)(Evans, Jason)
November 12, 2021 Opinion or Order Filing 95 MOTION for Reconsideration re Telephone Conference,, [Objection} by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Responses due by 11/26/2021 (Evans, Jason) Modified on 11/15/2021 to remove referral (mek).
November 12, 2021 Opinion or Order Filing 94 RESPONSE to Motion re #89 MOTION for Recusal of Judge Bell by Duke Energy Carolinas, LLC, Duke Energy Corporation, Duke Energy Progress, LLC. Replies due by 11/19/2021 (Attachments: #1 Exhibit A - 12.19.18 Order)(Evans, Jason)
November 12, 2021 Opinion or Order TEXT-ONLY ORDER granting #97 MOTION to Seal Document re [96-5] Exhibit E to Memorandum in Support of Motion. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/12/2021. (DLG)
November 11, 2021 Opinion or Order Filing 93 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC (Attachments: #1 Exhibit 1 - Civil Docket for 3:19-cv-515, #2 Exhibit 2 - 9-29-2021 Notice of Taking Deposition of Ann Warren, #3 Exhibit 3 - Ann Warren Profile, #4 Exhibit 4 - Peeler deposition excerpts, #5 Exhibit 5 - Green deposition excerpts, #6 Exhibit 6 - Cascio deposition excerpts, #7 Exhibit 7 - Combs deposition excerpts, #8 Exhibit 8 - Lewter deposition excerpts, #9 Exhibit 9 - 3-15-2021 Duke Responses to NTE 1st Interrogatories, #10 Exhibit 10 - HERO Solar FERC Filing of LGIA Termination, #11 Exhibit 11 - DEF US EcoGen Notice of LGIA Term, #12 Exhibit 12 - Email re discovery telephone conference, #13 Exhibit 13 - Summary of Deposition Dispute for Judge Cayer, #14 Exhibit 14 -NTE's statement for 10-28-21 Conference)(Willis, Marguerite) Modified event on 11/14/2021 (tms).
November 4, 2021 Opinion or Order Filing 92 Consent MOTION for Extension of Time to Answer re: #86 Answer to Complaint,, Counterclaim, and Complaint by Duke Energy Carolinas, LLC. (Attachments: #1 Proposed Order Proposed Order) (Grob, Mary). Motions referred to David S. Cayer.
November 4, 2021 Opinion or Order TEXT-ONLY ORDER granting #92 Consent MOTION for Extension of Time to Answer. Duke Energy Carolinas, LLC's answer due 11/15/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 11/4/2021. (DLG)
November 3, 2021 Opinion or Order Filing 91 RESPONSE to Motion re #83 Consent MOTION to Seal Document Answer and Second Amended Counterclaims and to Add Parties by Duke Energy Carolinas, LLC. Replies due by 11/10/2021 (Grob, Mary)
October 28, 2021 Opinion or Order Filing 90 MEMORANDUM in Support re #89 MOTION for Recusal of Judge Bell by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. (Attachments: #1 Exhibit A - List of FERC Filings)(Willis, Marguerite)
October 28, 2021 Opinion or Order Filing 89 MOTION for Recusal of Judge Bell by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC, NTE Southeast Electric Company, LLC. Responses due by 11/12/2021 (Willis, Marguerite). Modified on 10/28/2021 to remove referral (mek).
October 28, 2021 Opinion or Order Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. After reviewing the parties' written submissions, the Court finds that the telephone conference scheduled for 1:00pm today is unnecessary and is accordingly cancelled. Plaintiff seeks a protective order barring two depositions. A protective order is granted as to Plaintiff's in-house counsel Ann Warren and denied as to Plaintiff's CEO Lynn Good. So Ordered. Plaintiffs attorney: N/A. Defendants attorney: N/A. Court reporter: N/A. (DLG)
October 27, 2021 Opinion or Order Filing 88 Amended Pretrial Order and Case Management Plan: Estimated Trial Time: twenty to twenty-five days. Discovery due by 12/31/2021. Motions due by 4/4/2022. Mediator Designation deadline set for 11/29/2021. Mediation deadline set for 3/14/2022. Jury Trial set for 8/1/2022 09:30 AM in Courtroom #4B, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. Signed by Magistrate Judge David S. Cayer on 10/27/2021. (mek)
October 25, 2021 Opinion or Order Filing 87 Summons Issued Electronically as to Duke Energy Corporation, Duke Energy Progress, LLC. NOTICE: Counsel shall print the summons and serve with other case opening documents in accordance with Fed.R.Civ.P.4 . (Attachments: #1 Summons)(kab)
October 22, 2021 Opinion or Order Filing 86 ANSWER to Complaint with Jury Demand of NTE Carolinas II, LLC, Second, Amended COUNTERCLAIM against Duke Energy Carolinas, LLC, Duke Energy Progress, LLC, Duke Energy Corporation by NTE Energy, LLC, NTE Caroinas II, LLC, NTE Southeast Electric Company, LLC. (Attachments: #1 Exhibit 1 -REC LGIA, #2 Exhibit 2 - DEC Petition, #3 Exhibit 3 - NTE Carolinas II Petition, #4 Exhibit 4 - Order on Petition)(Willis, Marguerite) (Main Document 86 replaced on 1/7/2022) (clc).
October 21, 2021 Opinion or Order TEXT-ONLY ORDER granting #83 Motion to Seal Document re: Answer and Second Amended Counterclaims. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/21/2021. (DLG)
October 21, 2021 Opinion or Order TEXT-ONLY ORDER granting #81 Motion for Leave to File Answer and Second Amended Counterclaims and to Add Parties. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/21/2021. (DLG)
October 21, 2021 Opinion or Order TEXT-ONLY ORDER granting in part #79 Joint MOTION for Extension of Time of Scheduling Order Deadlines. Initial expert reports due by 12/1/2021. Rebuttal expert reports due by 1/24/2022. Expert discovery completion by 2/21/2022. Dispositive motions due by 4/4/2022. Mediation deadline set for 3/14/2022. Jury Trial set for 8/1/2022 09:30 AM in Courtroom #4B, 401 W Trade St, Charlotte, NC 28202 before District Judge Kenneth D. Bell. So Ordered. Entered by Magistrate Judge David S. Cayer on 10/21/2021. (DLG)
October 20, 2021 Opinion or Order Filing 85 MEMORANDUM in Support re #83 Consent MOTION to Seal Document Answer and Second Amended Counterclaims and to Add Parties by NTE Caroinas II, LLC, NTE Energy, LLC. (Willis, Marguerite)
October 20, 2021 Opinion or Order Filing 84 Sealed Document (Sealed - Attorney): Unredacted Proposed Answer and Second Amended Counterclaims re: #83 Consent MOTION to Seal Document Answer and Second Amended Counterclaims and to Add Parties (available to Duke Energy Carolinas, LLC, NTE Caroinas II, LLC, NTE Energy, LLC) (Willis, Marguerite)
October 20, 2021 Opinion or Order Filing 83 Consent MOTION to Seal Document Answer and Second Amended Counterclaims and to Add Parties by NTE Caroinas II, LLC, NTE Energy, LLC. Responses due by 11/3/2021 (Willis, Marguerite). Motions referred to David S. Cayer.
October 20, 2021 Opinion or Order Filing 82 MEMORANDUM in Support re #81 Consent MOTION for Leave to File Answer and Second Amended Counterclaims and to Add Parties by NTE Caroinas II, LLC, NTE Energy, LLC. (Willis, Marguerite)
October 20, 2021 Opinion or Order Filing 81 Consent MOTION for Leave to File Answer and Second Amended Counterclaims and to Add Parties by NTE Caroinas II, LLC, NTE Energy, LLC. Responses due by 11/3/2021 (Attachments: #1 Exhibit Index of Exhibits, #2 Exhibit Notice of Sealed Exhibit, #3 Exhibit Non confidential proposed Answer and Second Amended Counterclaims and Complaint, #4 Exhibit Non confidential redline comparison of proposed Answer and Second Amended Counterclaims and Complaint to Answer and First Amended Counterclaims) (Willis, Marguerite). Motions referred to David S. Cayer. (Attachment 3 replaced on 10/21/2021) (brl). (Attachment 3 replaced on 1/10/2022) (clc).
October 20, 2021 Opinion or Order Filing 80 ORDER on the letters received from counsel, the Court declines NTE's request for recusal. The Court does not find that impartiality might reasonably be questioned or recusal is otherwise appropriate. However, in light of the relative informality and brevity of the Parties' submissions, if NTE wants to formally seek recusal, then it should do so by motion under the Court's local rules within 14 days of the date of this Order. Signed by District Judge Kenneth D. Bell on 10/20/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(nvc)
October 18, 2021 Opinion or Order Filing 79 Joint MOTION for Extension of Time of Scheduling Order Deadlines by Duke Energy Carolinas, LLC. Responses due by 11/1/2021 (Evans, Jason). Motions referred to David S. Cayer.
October 8, 2021 Opinion or Order Case reassigned to District Judge Kenneth D. Bell. District Judge Max O. Cogburn, Jr no longer assigned to the case due to conflict. This is your only notice - you will not receive a separate document.(thh)
September 10, 2021 Opinion or Order TEXT-ONLY ORDER granting #78 Joint MOTION for Extension of Time for Providing Initial Expert Reports and Rebuttal Expert Reports. Initial expert reports due 10/22/2021. Rebuttal expert reports due 12/10/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/10/2021. (DLG)
September 9, 2021 Opinion or Order Filing 78 Joint MOTION for Extension of Time for Providing Initial Expert Reports and Rebuttal Expert Reports by Duke Energy Carolinas, LLC. Responses due by 9/23/2021 (Attachments: #1 Proposed Order Proposed Order) (Atkins, Andrew). Motions referred to David S. Cayer.
August 25, 2021 Opinion or Order Filing 77 NOTICE of Appearance by Chamberlain Elizabeth Collier on behalf of Duke Energy Carolinas, LLC (Collier, Chamberlain)
August 24, 2021 Opinion or Order Filing 76 ORDER granting #72 , #73 , #74 , #75 Motion for Leave to Appear Pro Hac Vice added Daniel F. Aldrich,Karen Bruni,Shaun M. Boedicker,Wesley J. Heath for Duke Energy Carolinas, LLC (Appear Pro Hac Vice added Daniel F. Aldrich,Karen Bruni,Shaun M. Boedicker,Wesley J. Heath for Duke Energy Carolinas, LLC ( Attorneys served via NEF). Signed by Magistrate Judge David S. Cayer on 8/24/21. (mga)
August 24, 2021 Opinion or Order Filing 75 MOTION for Leave to Appear Pro Hac Vice as to Wesley J. Heath Filing fee $ 288, receipt number 0419-5179710. by Duke Energy Carolinas, LLC. (Attachments: #1 Exhibit Certificate of Good Standing) (Evans, Jason). Motions referred to David S. Cayer.
August 24, 2021 Opinion or Order Filing 74 MOTION for Leave to Appear Pro Hac Vice as to Shaun M. Boedicker Filing fee $ 288, receipt number 0419-5179706. by Duke Energy Carolinas, LLC. (Attachments: #1 Exhibit Certificate of Good Standing) (Evans, Jason). Motions referred to David S. Cayer.
August 24, 2021 Opinion or Order Filing 73 MOTION for Leave to Appear Pro Hac Vice as to Karen Bruni Filing fee $ 288, receipt number 0419-5179702. by Duke Energy Carolinas, LLC. (Attachments: #1 Exhibit Certificate of Good Standing) (Evans, Jason). Motions referred to David S. Cayer.
August 24, 2021 Opinion or Order Filing 72 MOTION for Leave to Appear Pro Hac Vice as to Daniel F. Aldrich Filing fee $ 288, receipt number 0419-5179697. by Duke Energy Carolinas, LLC. (Attachments: #1 Exhibit Certificate of Good Standing) (Evans, Jason). Motions referred to David S. Cayer.
August 24, 2021 Opinion or Order Notice to Karen Bruni: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 8/31/2021. (mga)
August 24, 2021 Opinion or Order Notice to Shaun M. Boedicker: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 8/31/2021. (mga)
August 24, 2021 Opinion or Order Notice to Wesley J. Heath: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 8/31/2021. (mga)
August 24, 2021 Opinion or Order Notice to Daniel F. Aldrich: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 8/31/2021. (mga)
August 24, 2021 Opinion or Order DELETED DUPLICATE NOTICE. Modified on 8/24/2021 (mga).
August 10, 2021 Opinion or Order Filing 71 ORDER granting #70 Joint Motion for Entry of Order Governing the Protocol for Conducting Remote Depositions and for the Confidentiality of Deposition Transcripts. Signed by Magistrate Judge David S. Cayer on 8/10/2021. (mek) Modified signature date on 8/17/2021 (mek).
August 10, 2021 Opinion or Order Filing 70 Joint MOTION for Entry of Order Governing the Protocol for Conducting Remote Depositions and for the Confidentiality of Deposition Transcripts by Duke Energy Carolinas, LLC. Responses due by 8/24/2021 (Attachments: #1 Proposed Order) (Grob, Mary). Motions referred to David S. Cayer.
July 16, 2021 Opinion or Order Filing 69 Joint MOTION for Extension of Time for Providing Initial Expert Reports and Rebuttal Expert Reports by Duke Energy Carolinas, LLC. Responses due by 7/30/2021 (Attachments: #1 Proposed Order) (Grob, Mary). Motions referred to David S. Cayer.
July 16, 2021 Opinion or Order TEXT-ONLY ORDER granting #69 Motion for Extension of Time of Scheduling Order Deadlines. Initial expert reports due 10/15/2021. Rebuttal expert reports due 12/3/2021. So Ordered. Entered by Magistrate Judge David S. Cayer on 7/16/2021. (DLG)
July 14, 2021 Opinion or Order Filing 68 NOTICE of Subpoena by Duke Energy Carolinas, LLC (Attachments: #1 Exhibit Subpoena to Credit Agricole America, #2 Exhibit Subpoena to Sumitomo Mitsui Banking Corp)(Coddington, Phoebe)
July 14, 2021 Opinion or Order Filing 67 NOTICE of Subpoena by Duke Energy Carolinas, LLC (Coddington, Phoebe)
July 8, 2021 Opinion or Order Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. After reviewing the parties' written submissions, the Court finds that the telephone conference scheduled for 1:30pm today is unnecessary and is accordingly cancelled. Plaintiff's objection to making further responses to Defendant's Interrogatory No. 1 is SUSTAINED WITHOUT PREJUDICE to Defendant's right to serve an amended interrogatory. So Ordered. Plaintiffs attorney: N/A. Defendants attorney: N/A. Court reporter: N/A. (DLG)
June 14, 2021 Opinion or Order Filing 66 NOTICE of Subpoena by Duke Energy Carolinas, LLC (Coddington, Phoebe)
June 11, 2021 Opinion or Order Filing 65 ORDER granting #64 Motion for Leave to Appear Pro Hac Vice added Suedeen G. Kelly for NTE Carolinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC (Pro Hac Vice Attorney served via NEF). Signed by Magistrate Judge David S. Cayer on 6/11/2021. (mek)
June 11, 2021 Opinion or Order Filing 64 MOTION for Leave to Appear Pro Hac Vice as to Suedeen G. Kelly Filing fee $ 288, receipt number 0419-5071999. by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC. (Small, Kirsten). Motions referred to David S. Cayer.
June 11, 2021 Opinion or Order Notice to Suedeen G. Kelly: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 6/18/2021. (mek)
April 29, 2021 Opinion or Order Filing 63 NOTICE of Subpoena by Duke Energy Carolinas, LLC (Coddington, Phoebe)
April 29, 2021 Opinion or Order Filing 62 NOTICE of Appearance by Phoebe Norton Coddington on behalf of Duke Energy Carolinas, LLC (Coddington, Phoebe)
April 20, 2021 Opinion or Order Filing 61 ORDER granting #59 Motion for Leave to Appear Pro Hac Vice added Ian Robertson for NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC; granting #60 Motion for Leave to Appear Pro Hac Vice added Daniel Schwartz forNTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC (Pro Hac Vice Attorneys served via NEF). Signed by Magistrate Judge David S. Cayer on 4/20/2021. (mek)
April 20, 2021 Opinion or Order Filing 60 MOTION for Leave to Appear Pro Hac Vice as to Daniel Schwartz Filing fee $ 288, receipt number 0419-4991806. by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC. (Willis, Marguerite). Motions referred to David S. Cayer.
April 20, 2021 Opinion or Order Filing 59 MOTION for Leave to Appear Pro Hac Vice as to Ian Robertson Filing fee $ 288, receipt number 0419-4991777. by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC. (Willis, Marguerite). Motions referred to David S. Cayer.
April 20, 2021 Opinion or Order Notice to Ian Robertson: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 4/27/2021. (mek)
April 20, 2021 Opinion or Order Notice to Daniel Schwartz: Pursuant to Local Rule 83.1 you are required to Register for ECF Account #Application Link. (Attorney served via NEF) Deadline by 4/27/2021. (mek)
March 4, 2021 Opinion or Order Filing 58 MOTION to Withdraw as Attorney by NTE Caroinas II, LLC. Responses due by 3/18/2021 (Attachments: #1 Proposed Order) (Simmons, Brittany). Motions referred to David S. Cayer.
March 4, 2021 Opinion or Order TEXT-ONLY ORDER granting #58 Motion to Withdraw as Attorney. Attorney Brittany Given Simmons terminated. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/4/2021. (DLG)
February 3, 2021 Opinion or Order Filing 57 Supplemental PROTECTIVE ORDER. Signed by Magistrate Judge David S. Cayer on 2/3/2021. (mek)
February 2, 2021 Opinion or Order Filing 56 Supplemental MOTION for Protective Order by Duke Energy Carolinas, LLC. Responses due by 2/16/2021 (Attachments: #1 Proposed Order) (Evans, Jason). Motions referred to David S. Cayer.
January 28, 2021 Opinion or Order SECOND Notice to Andrew H. Reynard: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 2/4/2021. (tmg)
January 26, 2021 Opinion or Order Minute Order: TELEPHONE CONFERENCE held before Magistrate Judge David S. Cayer. Plaintiffs attorney: Douglas Green, Jason Evans, Mary Grob, and Dan Pritchard. Defendants attorney: John Baughman, Andrew Reynard, Kirsten Small. Court reporter: N/A. Plaintiff's objection to producing documents without an attorneys' eyes only (AEO) protective order is sustained. Within seven days of this Order, Plaintiff shall file a Motion for Entry of Attorneys' Eyes Only Protective Order. The parties shall also submit either a consent order or their competing orders, provided each contains an AEO provision. So Ordered. (DLG)
January 20, 2021 Opinion or Order Filing 55 ORDER granting #53 and #54 Motion for Leave to Appear Pro Hac Vice added Andrew H. Reynard and Brittany Given Simmons for NTE Caroinas II, LLC, NTE Carolinas II Holdings LLC and NTE Energy, LLC. Signed by Magistrate Judge David S. Cayer on 1/20/2021. (brl)
January 20, 2021 Opinion or Order Notice to Andrew H. Reynard: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 1/27/2021. (brl)
January 20, 2021 Opinion or Order Notice to Brittany Given Simmons: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 1/27/2021. (brl)
January 19, 2021 Opinion or Order Filing 54 MOTION for Leave to Appear Pro Hac Vice as to Brittany Given Simmons Filing fee $ 288, receipt number 0419-4855878. by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC. (Willis, Marguerite). Motions referred to David S. Cayer.
January 19, 2021 Opinion or Order Filing 53 MOTION for Leave to Appear Pro Hac Vice as to Andrew H. Reynard Filing fee $ 288, receipt number 0419-4855796. by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC. (Willis, Marguerite). Motions referred to David S. Cayer.
January 15, 2021 Opinion or Order Filing 52 NOTICE of Appearance by Kirsten Elena Small on behalf of NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC (Small, Kirsten)
December 23, 2020 Opinion or Order Filing 51 NOTICE of Appearance by Mary Katherine Grob on behalf of Duke Energy Carolinas, LLC (Grob, Mary)
December 22, 2020 Opinion or Order Filing 50 STIPULATION AND PROTECTIVE ORDER Regarding Discovery of Electronically Stored Information. Signed by Magistrate Judge David S. Cayer on 12/22/2020. (mek)
December 22, 2020 Opinion or Order Filing 49 Stipulated PROTECTIVE ORDER on Confidentiality. Signed by Magistrate Judge David S. Cayer on 12/22/2020. (mek)
December 22, 2020 Opinion or Order Filing 48 Joint MOTION for Protective Order and ESI Protocol by Duke Energy Carolinas, LLC. Responses due by 1/5/2021 (Attachments: #1 Proposed Stipulated Protective Order on Confidentiality, #2 Stipulation and Proposed Order Regarding Discovery of Electronically Stored Information) (Evans, Jason). Motions referred to David S. Cayer.
October 5, 2020 Opinion or Order Filing 47 Pretrial Order and Case Management Plan: Estimated Trial Time: twenty to twenty-five days. Discovery due by 12/31/2021. Motions due by 2/22/2022. Mediation deadline set for 1/31/2022. Ready Date for Trial: 6/20/2022 09:30 AM in Courtroom, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. Signed by Magistrate Judge David S. Cayer on 10/5/2020. (mek)
September 28, 2020 Opinion or Order Filing 46 CERTIFICATION of initial attorney conference and discovery plan (Evans, Jason)
September 21, 2020 Opinion or Order Filing 45 Joint MOTION for Extension of Time for Filing Rule 26(f) Discovery Plan by Duke Energy Carolinas, LLC. Responses due by 10/5/2020 (Evans, Jason). Motions referred to David S. Cayer.
September 21, 2020 Opinion or Order TEXT-ONLY ORDER granting #45 Motion for Extension of Time. CIAC/Rule 26(f) Report due by 9/28/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 9/21/2020. (DLG)
August 31, 2020 Opinion or Order Filing 44 NTE Carolinas II Holdings' ANSWER to Complaint contained in #1 Notice of Removal,, by NTE Carolinas II Holdings, LLC.(Willis, Marguerite)
August 31, 2020 Opinion or Order Filing 43 NTE Energy's ANSWER to Complaint contained in #1 Notice of Removal,, , .(Willis, Marguerite) Modified per phone call on 8/31/2020 (js).
August 31, 2020 Opinion or Order Filing 42 ANSWER to Complaint First Amended Counterclaims of NTE Carolinas II, LLC and NTE Energy, LLC by Duke Energy Carolinas, LLC.(Evans, Jason)
August 28, 2020 Opinion or Order Filing 41 NOTICE of Change of Address by John F. Baughman (Baughman, John)
August 17, 2020 Opinion or Order Filing 40 ORDER denying #24 Motion to Dismiss for Failure to State a Claim; denying #12 Motion to Dismiss for Failure to State a Claim. The parties may reassert their contentions after discovery and upon the filing of summary judgment motions. Signed by District Judge Max O. Cogburn, Jr on 8/17/2020. (ams)
July 14, 2020 Opinion or Order Filing 39 NOTICE of Appearance by Andrew D. Atkins on behalf of Duke Energy Carolinas, LLC (Atkins, Andrew)
July 14, 2020 Opinion or Order Filing 38 NOTICE of Appearance by Jacob Richard Franchek on behalf of Duke Energy Carolinas, LLC (Franchek, Jacob)
June 26, 2020 Opinion or Order Filing 37 TRANSCRIPT of Motions Hearing held on 6/19/2020 before Judge Max O. Cogburn, Jr. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Policy at www.ncwd.uscourts.gov Release of Transcript Restriction set for 9/21/2020. (Reporter: Jill Turner, 704-350-7495)
June 22, 2020 Opinion or Order Filing 36 Exhibit by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC. Slide Deck used by NTE Energy During Oral Argument on Motions to Dismiss (Willis, Marguerite)
June 19, 2020 Opinion or Order Minute Entry: MOTION HEARING held before District Judge Max O. Cogburn, Jr. Re #12 MOTION to Dismiss for Failure to State a Claim , #24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims. Motions taken under advisement, order to issue. Plaintiffs attorney: Douglas Green, Jason Evans. Defendants attorney: John Baughman, Marguerite Willis, Travis Wheeler. Court reporter: Jill Turner. (ams)
June 8, 2020 Opinion or Order Set/Reset Deadlines as to #12 MOTION to Dismiss for Failure to State a Claim , #24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims. Motion Hearing RESET for 6/19/2020 01:30 PM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. (ams)
June 1, 2020 Opinion or Order Filing 35 RESPONSE re #33 Notice (Other) of Supplemental Authority of Defendants by Duke Energy Carolinas, LLC. (Evans, Jason)
June 1, 2020 Opinion or Order NOTICE of Hearing on Motion re: #12 MOTION to Dismiss for Failure to State a Claim , #24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims : Motion Hearing set for 6/19/2020 02:30 PM in Courtroom 1-1, 401 W Trade St, Charlotte, NC 28202 before District Judge Max O. Cogburn Jr. This is your only notice - you will not receive a separate document.(ams)
May 27, 2020 Opinion or Order Filing 34 ORDER granting #32 Motion for Leave to Appear Pro Hac Vice added John F. Baughman for NTE Carolinas II, LLC, NTE Carolinas II Holdings, LLC, and NTE Energy, LLC. Signed by Magistrate Judge David S. Cayer on 5/27/2020. (mek)
May 26, 2020 Opinion or Order Filing 33 NOTICE of Supplemental Authority by NTE Caroinas II, LLC, NTE Energy, LLC re #29 Response in Opposition to Motion, (Attachments: #1 Exhibit Exhibit A FERC Order)(Santos, Peter)
May 26, 2020 Opinion or Order Filing 32 MOTION for Leave to Appear Pro Hac Vice as to John F. Baughman Filing fee $ 281, receipt number 0419-4506961. by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC. (Santos, Peter). Motions referred to David S. Cayer.
April 8, 2020 Opinion or Order Filing 31 REPLY to Response to re #24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims by Duke Energy Carolinas, LLC. (Evans, Jason) Modified text on 4/9/2020 (eef).
March 24, 2020 Opinion or Order Filing 30 Consent MOTION for Extension of Time to File Response/Reply re: #24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims by Duke Energy Carolinas, LLC. Responses due by 4/7/2020 (Evans, Jason). Motions referred to David S. Cayer.
March 24, 2020 Opinion or Order TEXT-ONLY ORDER granting #30 Motion for Extension of Time to File Response/Reply re #24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims. Replies due by 4/8/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 03/24/2020. (DLG)
March 13, 2020 Opinion or Order Filing 29 RESPONSE in Opposition re #24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims by NTE Caroinas II, LLC, NTE Energy, LLC. Replies due by 3/20/2020 (Willis, Marguerite)
March 10, 2020 Opinion or Order Filing 28 Consent MOTION to Amend/Correct #23 Reply to Response to Motion, by NTE Caroinas II, LLC, NTE Energy, LLC. Responses due by 3/24/2020 (Attachments: #1 Exhibit A - Amended Reply in Support of Motion to Dismiss)(Willis, Marguerite). Motions referred to David S. Cayer.
March 10, 2020 Opinion or Order TEXT-ONLY ORDER granting #28 Motion to Amend/Correct. Entered by Magistrate Judge David S. Cayer on 3/10/2020. (KCA)
March 4, 2020 Opinion or Order Filing 27 Joint MOTION for Extension of Time to File Response/Reply re: #24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims by NTE Caroinas II, LLC, NTE Energy, LLC. Responses due by 3/18/2020 (Willis, Marguerite). Motions referred to David S. Cayer.
March 4, 2020 Opinion or Order TEXT-ONLY ORDER granting #27 Motion for Extension of Time to File Response/Reply re #24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims. Responses due by 3/13/2020. Replies due by 3/27/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 3/4/2020. (KCA)
February 18, 2020 Opinion or Order Filing 26 Joint MOTION for Extension of Time to File Response/Reply re: #24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims by NTE Caroinas II, LLC, NTE Energy, LLC. Responses due by 3/3/2020 (Willis, Marguerite). Motions referred to David S. Cayer.
February 18, 2020 Opinion or Order TEXT-ONLY ORDER granting #26 Motion for Extension of Time to File Response/Reply re #24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims. Responses due by 3/5/2020. Replies due by 3/19/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 2/18/2020. (DLG)
February 13, 2020 Opinion or Order Filing 25 ANSWER to #18 First Amended Counterclaims by Duke Energy Carolinas, LLC. (Evans, Jason) Modified text on 2/13/2020 (tmg).
February 13, 2020 Opinion or Order Filing 24 MOTION to Dismiss for Failure to State a Claim Counts I, II, III and V of NTE Carolinas II, LLC and NTE Energy, LLC's First Amended Counterclaims by Duke Energy Carolinas, LLC. Responses due by 2/27/2020 (Attachments: #1 Memorandum, #2 Exhibit A - NTE Motion to Renew)(Evans, Jason)
February 10, 2020 Opinion or Order Filing 23 REPLY to Response to Motion re #12 MOTION to Dismiss for Failure to State a Claim by NTE Carolinas II Holdings, LLC, NTE Energy, LLC. (Willis, Marguerite) (Main Document 23 replaced on 2/13/2020) (mga). NEF regenerated on 2/13/2020 (mga).
February 10, 2020 Opinion or Order Filing 22 ORDER granting #21 Motion for Leave to Appear Pro Hac Vice added Douglas G. Green for Duke Energy Carolinas, LLC. Signed by Magistrate Judge David S. Cayer on 2/10/2020. (mek)
February 10, 2020 Opinion or Order Notice to Douglas G. Green: Pursuant to Local Rule 83.1 you are required to Register for ECF at #www.ncwd.uscourts.gov. Deadline by 2/18/2020. (mek)
February 7, 2020 Opinion or Order Filing 21 MOTION for Leave to Appear Pro Hac Vice as to Douglas G. Green Filing fee $ 281, receipt number 0419-4377755. by Duke Energy Carolinas, LLC. (Attachments: #1 Proposed Order)(Evans, Jason). Motions referred to David S. Cayer.
February 3, 2020 Opinion or Order Filing 20 RESPONSE in Opposition re #12 MOTION to Dismiss for Failure to State a Claim by Duke Energy Carolinas, LLC. Replies due by 2/10/2020 (Evans, Jason)
February 3, 2020 Opinion or Order Filing 19 Notice of Substitution of Counsel by Jason D. Evans on behalf of Duke Energy Carolinas, LLC, Attorney Phoebe Norton Coddington and Tricia Morvan Derr terminated. (Evans, Jason)
January 30, 2020 Opinion or Order Filing 18 ANSWER to #1 Complaint, #13 and First Amended Counterclaim against Duke Energy Carolinas, LLC by NTE Caroinas II, LLC, NTE Energy, LLC. (Attachments: #1 Exhibit 1 - Large Generator Interconnection Agreement, #2 Exhibit 2 - Petition to Intervene, #3 Exhibit 3 - Petition for Declaratory Order, #4 Exhibit 4 - Motion to Intervene and Protest) (Willis, Marguerite) Modified text on 2/13/2020 (tmg).
December 19, 2019 Opinion or Order Filing 17 Corporate Disclosure Statement by Duke Energy Carolinas, LLC (Evans, Jason)
December 19, 2019 Opinion or Order Filing 16 Consent MOTION for Extension of Time to Answer re: #13 Answer to Complaint in Notice of Removal,, Counterclaim, by Duke Energy Carolinas, LLC. (Evans, Jason). Motions referred to David S. Cayer.
December 19, 2019 Opinion or Order Filing 15 Consent MOTION for Extension of Time to File Response/Reply re: #12 MOTION to Dismiss for Failure to State a Claim by Duke Energy Carolinas, LLC. Responses due by 1/2/2020 (Evans, Jason). Motions referred to David S. Cayer.
December 19, 2019 Opinion or Order TEXT-ONLY ORDER granting #15 Motion for Extension of Time to File Response/Reply re #12 MOTION to Dismiss for Failure to State a Claim. Responses due by 2/3/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/19/2020. (DLG)
December 19, 2019 Opinion or Order TEXT-ONLY ORDER granting #16 Motion for Extension of Time to Answer. Duke Energy Carolinas, LLC's answer to Counterclaims due 2/3/2020. So Ordered. Entered by Magistrate Judge David S. Cayer on 12/19/2020. (DLG)
December 18, 2019 Opinion or Order Filing 14 NOTICE of Appearance by Jason D. Evans on behalf of Duke Energy Carolinas, LLC (Evans, Jason)
December 18, 2019 Opinion or Order Case reassigned to Senior Judge Graham Mullen. Magistrate Judge David S. Cayer no longer assigned to case. (Conflict) (tmg,KB)
December 18, 2019 Opinion or Order Case reassigned to District Judge Max O. Cogburn, Jr and Magistrate Judge David Cayer. Senior Judge Graham Mullen no longer assigned to the case. This is your only notice - you will not receive a separate document. (tmg,DC)
December 11, 2019 Opinion or Order Filing 13 ANSWER to Complaint contained in #1 Notice of Removal , COUNTERCLAIM against Duke Energy Carolinas, LLC by NTE Energy, LLC, NTE Caroinas II, LLC. (Attachments: #1 Exhibit 1 - Large Generator Interconnection Agreement, #2 Exhibit 2 - Petition to Intervene, #3 Exhibit 3 - Petition for Declaratory Order, #4 Exhibit 4 - Motion to Intervene and Protest)(Willis, Marguerite) Modified on 12/18/2019 to remove duplicate text (rth).
December 11, 2019 Opinion or Order Filing 12 MOTION to Dismiss for Failure to State a Claim by NTE Carolinas II Holdings, LLC, NTE Energy, LLC. Responses due by 12/30/2019 (Attachments: #1 Memorandum In Support)(Willis, Marguerite). Modified on 12/18/2019 to remove referral (tmg).
November 26, 2019 Opinion or Order Case reassigned to District Judge Kenneth D. Bell and Magistrate Judge David Keesler. Senior Judge Graham Mullen no longer assigned to the case. This is your only notice - you will not receive a separate document.(eef)
November 26, 2019 Opinion or Order Case reassigned to Magistrate Judge David S. Cayer. Magistrate Judge David Keesler no longer assigned to the case. This is your only notice - you will not receive a separate document.(eef)
November 12, 2019 Opinion or Order TEXT-ONLY ORDER granting #11 Motion for Extension of Time. Defendants time to answer or otherwise respond to the Complaint is extended through and including December 11, 2019. Entered by Senior Judge Graham Mullen on 11/12/2019. (STB)
November 11, 2019 Opinion or Order Filing 11 Third MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint by NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC. (Willis, Marguerite)
October 31, 2019 Opinion or Order Filing 10 NOTICE of Appearance by Peter A. Santos on behalf of All Defendants (Santos, Peter)
October 31, 2019 Opinion or Order Filing 9 NOTICE of Voluntary Dismissal of Kristi S. Miller and Michael C. Green by Duke Energy Carolinas, LLC (Coddington, Phoebe)
October 30, 2019 Opinion or Order Filing 8 NOTICE of Appearance by Travis C. Wheeler on behalf of All Defendants (Wheeler, Travis)
October 30, 2019 Opinion or Order TEXT-ONLY ORDER granting #7 Motion for Extension of Time to Answer. Defendants deadline to answer or otherwise respond to the Complaint is extended through and including November 11, 2019. Entered by Senior Judge Graham Mullen on 10/30/2019. (STB)
October 29, 2019 Opinion or Order Filing 7 Consent MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint by Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC. (Willis, Marguerite)
October 16, 2019 Opinion or Order Filing 6 ORDER granting #5 Motion for Extension of Time to Answer re #1 Notice of Removal,,. Michael C. Green answer due 10/29/2019; Kristi S. Miller answer due 10/29/2019; NTE Caroinas II, LLC answer due 10/29/2019; NTE Energy, LLC answer due 10/29/2019.. Signed by Senior Judge Graham Mullen on 10/16/2019. (ctb)
October 15, 2019 Opinion or Order Filing 5 Consent MOTION for Extension of Time to Answer or Otherwise Respond to Plaintiff's Complaint by Michael C. Green, Kristi S. Miller, NTE Caroinas II, LLC, NTE Carolinas II Holdings, LLC, NTE Energy, LLC. (Attachments: #1 Proposed Order)(Willis, Marguerite)
October 9, 2019 Opinion or Order Magistrate Judge David Keesler no longer assigned to case. (ctb)
October 9, 2019 Opinion or Order Case assigned to Senior Judge Graham Mullen and Magistrate Judge David Keesler. Notice: You must click this link to retrieve the #Case Assignment Packet. This is your only notice - you will not receive a separate document.(ctb)
October 8, 2019 Opinion or Order Filing 4 Corporate Disclosure Statement by NTE Energy, LLC (Willis, Marguerite)
October 8, 2019 Opinion or Order Filing 3 Corporate Disclosure Statement by NTE Carolinas II Holdings, LLC (Willis, Marguerite)
October 8, 2019 Opinion or Order Filing 2 Corporate Disclosure Statement by NTE Caroinas II, LLC (Willis, Marguerite)
October 8, 2019 Opinion or Order Filing 1 NOTICE OF REMOVAL by All Defendants from Superior Court for Mecklenburg County, case number 19-CVS-17434. (Filing fee $ 400 receipt number 0419-4213375), filed by Kristi S Miller, NTE Energy, LLC, NTE Carolinas II Holdings, LLC, NTE Caroinas II, LLC, Michael C Green. (Attachments: #1 Exhibit A - Court Case Pleadings C/A No. 19-CVS-17434, #2 Exhibit B- Summons to NTE Carolinas II, #3 Exhibit C - Summons to Carolinas II Holdings, #4 Exhibit D - Summons to NTE Energy, #5 Exhibit E - Summons to Michael Green, #6 Exhibit F - Summons to Kristi Miller)(Willis, Marguerite)

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Search for this case: Duke Energy Carolinas, LLC v. NTE Carolinas II, LLC et al
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Defendant: NTE Carolinas II Holdings, LLC
Represented By: Marguerite S. Willis
Represented By: Peter A. Santos
Represented By: Travis C. Wheeler
Represented By: Andrew Hunter Reynard
Represented By: Brittany Given Simmons
Represented By: Christopher G. Renner
Represented By: Daniel A Schwartz, 10007
Represented By: Derek Ho
Represented By: Douglas E. Litvack
Represented By: Ian Robertson
Represented By: John F. Baughman
Represented By: Livia Fine
Represented By: Suedeen G. Kelly
Represented By: Zachary Benjamin Cohen
Represented By: Kirsten Elena Small
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Defendant: NTE Caroinas II, LLC
Represented By: Marguerite S. Willis
Represented By: Peter A. Santos
Represented By: Travis C. Wheeler
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Defendant: NTE Energy, LLC
Represented By: Marguerite S. Willis
Represented By: Peter A. Santos
Represented By: Travis C. Wheeler
Represented By: Andrew Hunter Reynard
Represented By: Brittany Given Simmons
Represented By: Christopher G. Renner
Represented By: Daniel A Schwartz, 10007
Represented By: Derek Ho
Represented By: Douglas E. Litvack
Represented By: Ian Robertson
Represented By: John F. Baughman
Represented By: Livia Fine
Represented By: Suedeen G. Kelly
Represented By: Zachary Benjamin Cohen
Represented By: Kirsten Elena Small
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Defendant: Michael C Green
Represented By: Marguerite S. Willis
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Defendant: Kristi S Miller
Represented By: Marguerite S. Willis
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Defendant: Kristi S. Miller
Represented By: Marguerite S. Willis
Represented By: Peter A. Santos
Represented By: Travis C. Wheeler
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Defendant: Michael C. Green
Represented By: Marguerite S. Willis
Represented By: Peter A. Santos
Represented By: Travis C. Wheeler
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Defendant: NTE Carolinas II, LLC
Represented By: Andrew Hunter Reynard
Represented By: Brittany Given Simmons
Represented By: Christopher G. Renner
Represented By: Daniel A Schwartz, 10007
Represented By: Derek Ho
Represented By: Douglas E. Litvack
Represented By: Ian Robertson
Represented By: John F. Baughman
Represented By: Livia Fine
Represented By: Peter A. Santos
Represented By: Suedeen G. Kelly
Represented By: Travis C. Wheeler
Represented By: Zachary Benjamin Cohen
Represented By: Kirsten Elena Small
Represented By: Marguerite S. Willis
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Defendant: NTE Southeast Electric Company, LLC
Represented By: Christopher G. Renner
Represented By: Derek Ho
Represented By: Douglas E. Litvack
Represented By: John F. Baughman
Represented By: Kirsten Elena Small
Represented By: Livia Fine
Represented By: Zachary Benjamin Cohen
Represented By: Marguerite S. Willis
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Defendant: Duke Energy Progress, LLC
Represented By: Amisha R. Patel
Represented By: Jennifer Quinn-Barabanov
Represented By: Shari Ross Lahlou
Represented By: Steven Bizar
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Defendant: Duke Energy Corporation
Represented By: Amisha R. Patel
Represented By: Jennifer Quinn-Barabanov
Represented By: Shari Ross Lahlou
Represented By: Steven Bizar
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Defendant: NTE Energy Services Company LLC
Represented By: Christopher G. Renner
Represented By: Derek Ho
Represented By: Douglas E. Litvack
Represented By: John F. Baughman
Represented By: Kirsten Elena Small
Represented By: Livia Fine
Represented By: Marguerite S. Willis
Represented By: Zachary Benjamin Cohen
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Defendant: Castillo Investment Holdings II, LLC
Represented By: Christopher G. Renner
Represented By: Derek Ho
Represented By: Douglas E. Litvack
Represented By: John F. Baughman
Represented By: Kirsten Elena Small
Represented By: Livia Fine
Represented By: Marguerite S. Willis
Represented By: Zachary Benjamin Cohen
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Plaintiff: Duke Energy Carolinas, LLC
Represented By: Phoebe Norton Coddington
Represented By: Tricia Morvan Derr
Represented By: Amisha R. Patel
Represented By: Andrew D. Atkins
Represented By: Chamberlain Elizabeth Collier
Represented By: Daniel Franklin Aldrich
Represented By: Douglas Gustave Green
Represented By: Jacob Richard Franchek
Represented By: Jason D. Evans
Represented By: Jennifer Quinn-Barabanov
Represented By: Karen Bruni
Represented By: Mary Katherine Grob
Represented By: Shari Ross Lahlou
Represented By: Shaun M. Boedicker
Represented By: Steven Bizar
Represented By: Wesley James Heath
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