Federal Energy Sales, Inc. v. Virginia Electric and Power Company
| Virginia Electric and Power Company |
| Federal Energy Sales, Inc. |
| 1:2000cv01725 |
| July 12, 2000 |
| US District Court for the Northern District of Ohio |
| Lesley Wells |
| Contract: Other |
| 28 U.S.C. § 1332 Diversity-Other Contract |
| Plaintiff |
Docket Report
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Filing 43
Order of dismissal: case dismissed pursuant to FRCP 41(a)(1)(ii), the case is dismissed without prejudice. Each party to pay its own costs. Judge Lesley Wells (S, R)
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| Filing 42 Notice of Dismissal Under FRCP 41(a)(1) without prejudice filed by all parties.(S, R) |
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Filing 41
Order. This matter was referred to the Magistrate Judge for resolution of a discovery dispute. (Doc. No. 36). This matter has now been concluded, therefore;IT IS ORDERED that the case referral order is hereby terminated, and this case is returned to Judge Wells. Magistrate Judge Vecchiarelli (M,M)
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| Filing 40 Minutes of status conference held. Counsel for both parties and First Energy appeared. Counsel discussed a possible resolution by means of a Ratification Letter. The Court set a deadline of April 27, 2001 for answers to interrogatories, document production, and discovery. Several depositions previously scheduled for earlier dates will now be taken next week. The Court suggested that depositions of representatives of non-parties be done under subpoena and emphasized that the discovery deadline would not be extended.(M, M) |
| Filing 39 Notice of Hearing and Order. This case is scheduled for a status conference on 4/23/01 at noon before Magistrate Judge Vecchiarelli, room 430. Counsel for both parties are required to attend. Additionally, counsel for First Energy Corp., one of the plaintiff's creditors which is also acting as agent for the plaintiff's other creditors, is required to be in attendance. Magistrate Judge Vecchiarelli. (M, M) |
| Filing 38 Telephone conference held regarding defendant's April 12, 2001 letter to the Court concerning a discovery dispute. The court set a status conference for Monday, April 23, 2001 at noon before Magistrate Judge Vecchiarelli, Room 430. (M,M) |
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Filing 36
Order Referring Case to Magistrate Nancy A. Vecchiarelli Regarding Discovery Dispute. (Judge Lesley Wells)(C, L)
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| Filing 37 Subpoena Returned; served on Richard Holmes, Lawrence Dent and Scott S. Towner on 4/10/01 filed by Edward R. Policy of Thompson Hine & Flory on behalf of Virginia Electric and Power Company.(S, R) |
| Filing 35 Reply memorandum in support of motion pursuant to FRCP 12(b)(6) to dismiss for failure to state a claim filed by Edward R. Policy of Thompson Hine & Flory on behalf of Virginia Electric and Power Company. (Related motion(s) #31 ) (S, R) |
| Filing 34 Opposition to defendant's motion to dismiss for failure to state a claim filed by Timothy S. Trigilio of Trigilio, Stephenson & Januzzi, P.L.L. on behalf of Federal Energy Sales, Inc.. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4) (Related motion(s) #31 ) (S, R) |
| Filing 33 Answer to Amended Complaint with jury demand (Related Doc #24 ), Counterclaim against Federal Energy Sales, Inc. filed by Edward R. Policy of Thompson Hine & Flory on behalf of Virginia Electric and Power Company. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3#4 Exhibit 4#5 Exhibit 5#6 Exhibit 6#7 Exhibit 7#8 Exhibit 8#9 Exhibit 9#10 Exhibit 10)(B, B) Modified on 3/15/2001 (B, B). |
| Filing 32 Memorandum In Support of defendant's motion pursuant to Fed. R. Civ. 12 (b) (6) to dismiss for failure to state a claim upon which relief can be granted filed by Edward R. Policy of Thompson Hine & Flory on behalf of Virginia Electric and Power Company. (Related motion(s) #31 ) (B, B) |
| Filing 31 Motion to dismiss case pursuant to Fed. R. Civ. P. 12 (b) (6) for failure to state a claim upon which relief can be granted filed by Edward R. Policy of Thompson Hine & Flory on behalf of Virginia Electric and Power Company. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C)(B, B) |
| Marginal Order (Non-Document) Denying as Moot, Motion to continue status conference. (Related Doc #28 ) (C, L) |
| Marginal Order (Non-Document)Granting Motion for leave to file amended complaint and setting time to respond to amended complaint.(Related Doc #29 )(Judge Lesley Wells)(C, L) |
| Filing 30 Minute Sheet. Status conference held. Parties have settled and are awaiting approval, which is expected within one week. Discovery is on scheduled.(C, L) |
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Filing 27
Order Granting Stipulated Motion to Extend Discovery Cut-Off, Amendment of Pleadings and Dispositive Motion Deadlines on the parties' representation that the trail date of 7 January 2002 will not be affected by these extensions. Discovery Cut-Off 5/2/2001; Pleading Amendments due by 3/8/2001, Dispositive Motions due by 5/30/2001. (Judge Lesley Wells) (C, L)
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| Filing 29 Joint Stipulated Motion for leave to file amended complaint and for a twenty day extension of time for defendant to answer the amended complaint, filed by Timothy S. Trigilio & Daniel R Warren on behalf of Federal Energy Sales, Inc. & Virginia Electric and Power Company. (Attachments: #1 Proposed Order)(B, B) Modified on 2/20/2001 (B, B). |
| Filing 28 Joint Stipulated Motion to continue the status conference currently set for 2/22/2001 until 3/26/2001 filed by Timothy S. Trigilio & Daniel R Warren on behalf of Federal Energy Sales, Inc. & Virginia Electric and Power Company. (Attachments: #1 Proposed Order)(B, B) Modified on 2/20/2001 (B, B). Modified on 2/20/2001 (B, B). |
| Filing 26 Stipulated Motion to extend time for discovery , amendment of pleadings, and dispositive motions filed by Edward R. Policy of Thompson Hine & Flory on behalf of all plaintiffs. (Attachments: #1 Proposed order)(S, R) |
| Filing 25 Marginal Order signed on 2/9/2001 Granting Motion by attorney Kenneth Shemin to appear pro hac vice (Related Doc #23 ) Judge Lesley Wells (S, R) |
| Filing 24 Amended complaint w/Jury Demand against Virginia Electric and Power Company. filed by Thomas A. Januzzi of Trigilio, Stephenson & Januzzi, P.L.L. on behalf of Federal Energy Sales, Inc.. (Attachments: #1 Exhibit A#2 Exhibit B#3 Exhibit C#4 Exhibit D)(S, R) |
| Filing 23 Motion for appearance pro hac vice of Kenneth Shemin filed by Timothy S. Trigilio of Trigilio, Stephenson & Januzzi, P.L.L. on behalf of Federal Energy Sales, Inc..(S, R) |
| Filing 22 Subpoena Returned; served on First Energy Trading Services and Engage Energy US, L.P. on 1/11/01 filed by Timothy S. Baird of Mays & Valentine, L.L.P. on behalf of Virginia Electric and Power Company.(S, R) |
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Filing 21
Order establishing trial docket Judge Lesley Wells. (S, R)
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| Filing 20 Civil Jury Trial Order: Final pretrial scheduled for 12/4/01 at 11:00a.m. Jury Trial set for 1/7/2002 at 09:30 AM in Chambers 338. Judge Lesley Wells (S, R) |
| Filing 19 Report of parties' planning meeting under FRCP 26(f) and LR 16.3(b) by Edward R. Policy, Timothy S. Baird, Stephen A. Northup, and Timothy S. Trigilio on behalf of all parties.(S, R) |
| Filing 18 Report of parties' planning meeting under FRCP 26(f) and LR16.3 by Timothy S. Baird, Stephen A. Northup and Timothy S. Trigilio on behalf of all parties. (S, R) |
| Filing 17 Case Management Conference Plan/Order. Track Designation: Standard. Discovery due by 4/2/2001; Pleading Amendments due by 2/6/2001, Dispositive Motions due by 4/30/2001, with status hearing to be held on 2/22/2001 at 11:00 AM; Final Pre-Trial Conference set for 12/5/2001 and Jury Trial set for 1/7/2002 at 09:30 AM in Room 342.(Judge Lesley Wells).(C, L) |
| Filing 16 Marginal Order granting motion to excuse appearance, provided Mr. Thatcher is available by telephone. (Judge Lesley Wells) (Related Doc #15 ) (C, L) |
| Filing 15 Motion to excuse party representative from personal appearance at 11/14/00 case management conference (related document(s) #8 ) filed by Daniel R Warren of Thompson, Hine & Flory on behalf of Virginia Electric and Power Company. (V, K A) |
| Filing 14 Marginal Order granting motion to appear pro hac vice. Attorney Stephen A. Northup and Timothy S. Baird are added for defendants Virginia Electric and Power Company. (Judge Lesley Wells) (Related Doc #13 ) (C, L) |
| Filing 13 Motion for appearance pro hac vice of Stephen A. Northup and Timothy S. Baird filed by Daniel R Warren of Thompson, Hine & Flory on behalf of Virginia Electric and Power Company.(K, V) |
| Filing 12 Attorney Appearance filed by Edward R. Policy of Thompson Hine & Flory on behalf of Virginia Electric and Power Company.(K, V) |
| Filing 11 Answer to Counterclaim with jury demand (Related Doc #9 ) filed by Timothy S. Trigilio of Trigilio, Stephenson & Januzzi, P.L.L. on behalf of Federal Energy Sales, Inc..(S, R) |
| Filing 10 Attorney Substitution Daniel R. Warren is replacing Michael L. Snyder and Mark A. Whitt as counsel for defendant. filed by Daniel R Warren of Thompson, Hine & Flory on behalf of Virginia Electric and Power Company.(S, R) |
| Filing 9 Answer to Complaint (Related Doc #1 ), Counterclaim against Federal Energy Sales, Inc. Federal Energy Sales, Inc. filed by Timothy S. Baird, James M. Nolan, Stephen A. Northup, Daniel R Warren of Mays & Valentine, L.L.P. on behalf of Virginia Electric and Power Company. (Attachments: #1 #2 #3 #4 #5 #6 #7 #8 #9 #10)(S, R) |
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Filing 8
Order scheduling case management conference. Track Designation: Standard. Case Management Conference to be held on 11/14/2000 at 11:00 AM at Chambers 338. (Judge Lesley Wells)(C, L)
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| Filing 7 Marginal Order signed on 8/17/2000 Granting defendant's Motion for extension of time until 9/15/00 to answer complaint(Related Doc #5 ) Judge Lesley Brooks Wells (S, R) |
| Filing 5 Motion for extension of time to answer complaint filed by Mark A. Whitt, Michael L Smyder of Jones, Day, Reavis & Pogue on behalf of Virginia Electric and Power Company.(S, R) |
| Filing 6 Return of Service Executed upon Virginia Electric & Power on 7/26/00 by certified mail, filed by Timothy S. Trigilio of Trigilio, Stephenson & Januzzi, P.L.L. on behalf of Federal Energy Sales, Inc..(H, D) |
| Filing 4 Notice /Corporate Disclosure Statement filed by Timothy S. Trigilio of Trigilio, Stephenson & Januzzi, P.L.L. on behalf of Federal Energy Sales, Inc..(S, R) |
| Filing 3 Case Information Statement filed by plaintiff. Recommended Track: Standard.(K, V) |
| Filing 2 Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. This case will be assigned to Magistrate Judge Nancy A. Vecchiarelli.(K, V) |
| Filing 1 Complaint with Jury Demand against Virginia Electric and Power Company. filed by Thomas A. Januzzi, Timothy S. Trigilio of Trigilio, Stephenson & Januzzi, P.L.L. on behalf of Federal Energy Sales, Inc.. Filing fee collected, receipt #318301. (Attachments: #1 with exhibits#2 and civil cover sheet attached)(K, V) |
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