Basin Electric Power Cooperative v. Tri-State Generation and Transmission Association, Inc.
Plaintiff: Basin Electric Power Cooperative
Defendant: Tri-State Generation and Transmission Association, Inc.
Case Number: 3:2021cv00220
Filed: December 17, 2021
Court: US District Court for the District of North Dakota
Presiding Judge: Alice R Senechal
Referring Judge: Peter D Welte
Nature of Suit: Contract: Other
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: None
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Docket Report

This docket was last retrieved on February 4, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
February 4, 2022 Set/Reset Deadlines as to #15 MOTION to Dismiss for Lack of Jurisdiction, and 17 MOTION to Dismiss for Failure to State a Claim. Response due by 3/2/2022. See Order at 22 . (js)
February 4, 2022 Opinion or Order Filing 22 (Text Only) ORDER by Magistrate Judge Alice R. Senechal Adopting #21 Joint Stipulation. Plaintiff's response to #15 MOTION to Dismiss for Lack of Jurisdiction, and 17 Motion to Dismiss due by 3/2/2022. (KT) Modified on 2/7/2022 to add link - NEF Regenerated. (js)
February 4, 2022 DOCKET CORRECTION re: #21 STIPULATION. Clerk's Office added links. (pb)
February 3, 2022 Filing 21 STIPULATION To Extend Time to Respond to Motion to Dismiss re #15 MOTION to Dismiss for Lack of Jurisdiction, 17 MOTION to Dismiss for Failure to State a Claim by Basin Electric Power Cooperative. (Bakke, Randall) Modified to add links on 2/4/2022. NEF regenerated (pb).
January 31, 2022 Opinion or Order Filing 20 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #18 Motion to Appear Pro Hac Vice for Attorney Lisa T. Simpson. (pb)
January 31, 2022 Filing 19 NOTICE by Basin Electric Power Cooperative of Withdrawal of Elyse D. Echtman as Counsel (Echtman, Elyse)
January 31, 2022 Filing 18 MOTION to Appear Pro Hac Vice Attorney Lisa T. Simpson (Filing fee $150, receipt number ANDDC-2350524) by Basin Electric Power Cooperative. (Simpson, Lisa) Modified to add receipt number on 1/31/2022 (pb).
January 26, 2022 DOCKET CORRECTION re: #15 Motion to Dismiss. Wrong motion relief selected and multiple motion relief document filed as one relief. Clerk's office corrected motion relief from Motion to Dismiss to Motion to Dismiss for Lack of Jurisdiction and filed Motion to Dismiss for Failure to State a Claim at 17 ; re: #16 Memorandum in Support. Clerk's office added link, removed duplicative 'Exhibit' text from docket entry, and replaced Exhibits 1, 7, 10, 11, and 12 to remove overlapping headers (jb)
January 25, 2022 Filing 17 MOTION to Dismiss for Failure to State a Claim by Tri-State Generation and Transmission Association, Inc. See document #15 . (jb)
January 25, 2022 Filing 16 MEMORANDUM in Support re #15 MOTION to Dismiss, 17 MOTION to Dismiss for Failure to State a Claim filed by Tri-State Generation and Transmission Association, Inc.. (Attachments: #1 Declaration of Jerome H. Sturhahn in Support of Defendant's Motion to Dismiss, #2 Exhibit 1 - 7-23-19 TSGT Initial Filing of Rate Schedules, #3 Exhibit 2 - 9-27-2017 2nd Amended and Restated Wholesale Power Contract for Eastern Interconnection, #4 Exhibit 3 - 4-13-2020 TSGT Transmittal Letter, #5 Exhibit 4 - 9-1-2021 TSGT Revisions to Rate Schedule, #6 Exhibit 5 - 9-17-2021 Comments of Basin Electric Power Cooperative, #7 Exhibit 6 - 9-22-2021 Comments of Basin Electric, #8 Exhibit 7 - 10-13-2021 Motion for Leave to Answer and Answer of Basin Electric, #9 Exhibit 8 - 10-21-2021 Poudre Valley Motion for Leave to Answer and Answer, #10 Exhibit 9 - 10-26-2021 Basin Motion for Leave to Answer and Answer to Poudre, #11 Exhibit 10 - 11-2-2021 Order Designating Presiding Administrative Law Judge, #12 Exhibit 11 - 12-1-2021 Order Extending Track I Procedural Time Standards, #13 Exhibit 12 - 11-22-2021 FERC Hearing Transcript, #14 Exhibit 13 - 12-14-2021 United Power Request for Clarification, #15 Exhibit 14 - 12-17-2021 TSGT Motion for Leave to Answer and Answer, #16 Exhibit 15 - 12-30-2021 NRPPD Letter to FERC)(Sturhahn, Jerome) Modified on 1/26/2022 to add link, remove duplicate 'Exhibit' text, and replaced Exhibits 1, 7, 10, 11, and 12 to remove overlapping headers. (jb)
January 25, 2022 Filing 15 MOTION to Dismiss for Lack of Jurisdiction by Tri-State Generation and Transmission Association, Inc.. (Sturhahn, Jerome) Modified on 1/26/2022 to correct motion relief. (jb)
January 25, 2022 Filing 14 Corporate Disclosure Statement by Tri-State Generation and Transmission Association, Inc.. (Sturhahn, Jerome)
January 5, 2022 Opinion or Order Filing 13 (Text Only) ORDER by Magistrate Judge Alice R. Senechal adopting the #8 Stipulation for an Extension of Time to Answer the Complaint. Defendant's Answer due by 1/25/2022. (AS)
January 5, 2022 Opinion or Order Filing 12 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #9 Motion to Appear Pro Hac Vice for Attorney Joseph C. Daniels. (jb)
January 5, 2022 Opinion or Order Filing 11 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #10 Motion to Appear Pro Hac Vice for Attorney Jerome H. Sturhahn. (pb)
January 4, 2022 Filing 10 MOTION to Appear Pro Hac Vice Attorney Jerome H. Sturhahn (Filing fee $150, receipt number ANDDC-2333573) by Tri-State Generation and Transmission Association, Inc. (Sturhahn, Jerome) Modified to add receipt number on 1/5/2022 (pb).
January 4, 2022 Filing 9 MOTION to Appear Pro Hac Vice (Filing fee $150, receipt number ANDDC-2333575) by Tri-State Generation and Transmission Association, Inc. (Daniels, Joseph) Modified on 1/5/2022 to add receipt number. (jb)
January 4, 2022 Filing 8 STIPULATION re #7 Summons Returned Executed, #1 Complaint, by Tri-State Generation and Transmission Association, Inc.. (McLean, Ronald)
December 21, 2021 Filing 7 SUMMONS Returned Executed by Basin Electric Power Cooperative. Tri-State Generation and Transmission Association, Inc. served on 12/20/2021, answer due 1/10/2022 (LaBrie, Matthew)
December 17, 2021 Opinion or Order Filing 6 (Text Only) ORDER by Magistrate Judge Alice R. Senechal granting #3 Motion to Appear Pro Hac Vice for Attorney Matthew D. LaBrie; granting #4 Motion to Appear Pro Hac Vice for Attorney Elyse D. Echtman; granting #5 Motion to Appear Pro Hac Vice for Attorney Jonathan A. Direnfeld. (mf)
December 17, 2021 Filing 5 MOTION to Appear Pro Hac Vice Attorney Jonathan A. Direnfeld (Filing fee $150, receipt number ANDDC-2324475) by Basin Electric Power Cooperative. (Direnfeld, Jonathan) Modified on 12/17/2021 to add receipt number (mf)
December 17, 2021 Filing 4 MOTION to Appear Pro Hac Vice Attorney Elyse D. Echtman (Filing fee $150, receipt number ANDDC-2324472) by Basin Electric Power Cooperative. (Echtman, Elyse) Modified on 12/17/2021 to add receipt number (mf)
December 17, 2021 Filing 3 MOTION to Appear Pro Hac Vice Attorney Matthew D. LaBrie (Filing fee $150, receipt number ANDDC-2324453) by Basin Electric Power Cooperative. (LaBrie, Matthew) Modified on 12/17/2021 to add receipt number (mf)
December 17, 2021 Filing 2 Summons Issued as to Tri-State Generation and Transmission Association, Inc. (pb)
December 17, 2021 Filing 1 COMPLAINT against Tri-State Generation and Transmission Association, Inc. (Filing fee $402, receipt number 322000091) filed by Basin Electric Power Cooperative. (Attachments: #1 Exhibit A - Eastern Interconnection WPC, #2 Civil Cover Sheet)(pb)

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Plaintiff: Basin Electric Power Cooperative
Represented By: Randall J. Bakke
Represented By: Elyse Echtman
Represented By: Jonathan Direnfeld
Represented By: Matthew D LaBrie
Represented By: Lisa Simpson
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Defendant: Tri-State Generation and Transmission Association, Inc.
Represented By: Jerome Sturhahn
Represented By: Ronald H. McLean
Represented By: Joseph C. Daniels
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