Adelphia Gateway, LLC v. Pennsylvania Environmental Hearing Board et al
| Adelphia Gateway, LLC |
| Pennsylvania Environmental Hearing Board, Thomas W. Renwand, Bernard A. Labuskes, Jr., Michelle A. Coleman, Steven C. Beckman, West Rockhill Township, Cliff Cole, Pamela West, Brian Weirback, Kathy Weirback, Shelly Shelly, Christine Shelly, Daniel McCarthy, Sheila McCarthy and Todd Shelly |
| Department of Environmental Protection |
| 1:2021cv01241 |
| July 14, 2021 |
| US District Court for the Middle District of Pennsylvania |
| Christopher C Conner |
| Sylvia H Rambo |
| Other Statutory Actions |
| 28 U.S.C. § 2201 |
| None |
Docket Report
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This docket was last retrieved on November 23, 2021. A more recent docket listing may be available from PACER.
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| Filing 43 NOTICE of Appearance by John R. Embick, I on behalf of Daniel McCarthy, Sheila McCarthy (Embick, John) |
| Filing 42 REPLY BRIEF re #32 Joint MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Cliff Cole. (Attachments: #1 Exhibit(s), #2 Exhibit(s))(Fiorentino, Michael) |
| Filing 41 VERBAL ORDER - It is hereby ordered that the Oral argument on dfts anticipated jurisdictional mtns scheduled for 9/22/21 has been MOVED TO 9/23/2021 at 9:30 a.m. in Harrisburg - Courtroom 2 before Honorable Christopher C. Conner.(Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) Signed by Honorable Christopher C. Conner on 9/7/2021. (mw) |
| Filing 40 Letter from Nicole R. DiTomo RE Order dated August 25, 2021 (Doc. 39). (DiTomo, Nicole) |
Filing 39
ORDER regarding oral argument scheduled 9/22/21 at 10:00 a.m. - SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 8/25/2021. (mw)
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| Filing 38 BRIEF IN OPPOSITION re #32 Joint MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Adelphia Gateway, LLC. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Exhibit(s) C, #4 Exhibit(s) D, #5 Proposed Order, #6 CERTIFICATION OF WORD COUNT, #7 Certificate of Service)(Bockis, Andrew) |
| Filing 37 BRIEF IN SUPPORT re #32 Joint MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim filed by Cliff Cole. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B)(Fiorentino, Michael) |
| Filing 36 SPECIAL ADMISSIONS FORM APPROVED as to Douglas G. White, Esq. on behalf of Cmnwlth of PA DEP Signed by Honorable Christopher C. Conner on 8/4/21. (ma) |
| Filing 35 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Douglas G White on behalf of Department of Environmental Protection Attorney Douglas White is seeking special admission. Filing fee $ 50, receipt number APAMDC-5656562.. (White, Douglas) |
| Filing 34 Proposed Order by Cliff Cole. #32 Joint MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim . (Fiorentino, Michael) |
| Filing 33 NOTICE of Appearance by Douglas G White on behalf of Department of Environmental Protection (White, Douglas) |
| DOCKET ANNOTATION: Counsel is advised to file a proposed order as to document #32 using the events: Civil Events > Other Filings > Other Documents-Includes Social Security Transcript and Brief Events > Document Filed. (rw) |
| Filing 32 Joint MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by Cliff Cole.(Fiorentino, Michael) |
| Filing 31 SPECIAL ADMISSIONS FORM APPROVED as to Brian Feinauer, Esq. on behalf of Adelphia Gateway Signed by Honorable Christopher C. Conner on 7/23/21. (ma) |
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Filing 30
ORDER: 1. Dfts ddls to respond to the complaint #1 and the emergency motion #8 for preliminary injunction are STAYED pending further order of court.2. Dfs shall file jurisdictional mtns as discussed during the call no later than 7/30/21. Dfts shall file brsupp of said mtns no later than 8/10/21. Opposition briefs and reply briefs shall be filed in accord with the LR. See M.D. PA. L.R. 7.6, 7.7.3. Oral argument on dfts anticipated jurisdictional mtns shall commence at 10:00 a.m. on 9/22/21, in Courtroom No. 2. Signed by Honorable Christopher C. Conner on 7/23/21. (ma)
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| Filing 28 NOTICE of Appearance by Michael D. Fiorentino on behalf of Cliff Cole (Fiorentino, Michael) |
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Filing 27
ORDER Granting the PADEP's mtn to intervene #26 . Signed by Honorable Christopher C. Conner on 7/22/21. (ma)
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| Filing 26 MOTION to Intervene by Department of Environmental Protection.(Kanova, Vera) |
| Filing 25 ANSWER to #1 Complaint, by Department of Environmental Protection.(Kanova, Vera) |
| Filing 24 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Elizabeth U. Witmer on behalf of Adelphia Gateway, LLC Attorney Blaine Feinauer is seeking special admission. Filing fee $ 50, receipt number APAMDC-5642579.. (Witmer, Elizabeth) |
| Filing 23 NOTICE of Appearance by Andrew Estepani on behalf of West Rockhill Township (Estepani, Andrew) |
| Filing 22 NOTICE of Appearance by Douglas R. Blazey on behalf of West Rockhill Township (Blazey, Douglas) |
| Filing 21 NOTICE of Appearance by Nicole R DiTomo on behalf of Steven C. Beckman, Michelle A. Coleman, Bernard A. Labuskes, Jr, Pennsylvania Environmental Hearing Board, Thomas W. Renwand (DiTomo, Nicole) |
| Filing 20 CERTIFICATE OF SERVICE by Adelphia Gateway, LLC re #19 Order,,, Set Hearings,, served upon counsel for defendants via email (Bockis, Andrew) |
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Filing 19
ORDER: 1. A telephonic conference call concerning pltfs emergency mtn #8 for PI is scheduled for 7/22/21, at 3:00 p.m.2. Cnsl for pltf shall initiate the call to chambers at 717-221-3948. When the call is placed, all parties shall be prepared to discuss the mtn (Doc. 8) and the complaint (Doc. 1) generally, the request for injunctive relief, and available dates for the anticipated evidentiary hearing.3. Pltfs cnsl shall exercise best efforts to promptly ascertain the identity of and serve this order upon defendants cnsl. Cnsl shall thereafter provide the court with proof of service of this order. Signed by Honorable Christopher C. Conner on 7/19/21. (ma)
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| Filing 18 AFFIDAVIT of Service for Exhibits A through K to the Complaint and Complaint (Docs. 1 and 1-1 through 1-11), Disclosure Statement (Doc. 2); Summons (Docs. 6 and 6-1); Motion to Exceed Word Limit (Doc. 7), Proposed Order (Doc. 7-1), Certificate of Non-Concurrence (Doc. 7-2), and Certificate of Service (Doc. 7-3); Motion for Preliminary Injunction (Doc. 8), Proposed Order (Doc. 8-1), Certificate of Non-Concurrence (Doc. 8-2); Memorandum of Law in Support of Motion for Preliminary Injunction (Doc. 9) and Declaration of A. Westhoven (Doc. 9-1); and Certificate of Service for Motion for Preliminary Injunction and Supporting Brief (Doc. 10) and July 16, 2021 Order (Doc. 12) served on Pennsylvania Environmental Hearing Board, Thomas W. Renwand, Bernard A. Labuskes, Jr., Michelle A. Coleman and Steven C. Beckman on July 16, 2021, filed by Adelphia Gateway, LLC. (Attachments: #1 Exhibit(s) A-1 EHB PROOF OF SERVICE AND AFFIDAVIT OF SERVICE, #2 Exhibit(s) A-2 RENWAND PROOF OF SERVICE AND AFFIDAVIT OF SERVICE, #3 Exhibit(s) A-3 LABUSKES PROOF OF SERVICE AND AFFIDAVIT OF SERVICE, #4 Exhibit(s) A-4 COLEMAN PROOF OF SERVICE AND AFFIDAVIT OF SERVICE, #5 Exhibit(s) A-5 BECKMAN PROOF OF SERVICE AND AFFIDAVIT OF SERVICE, #6 Exhibit(s) B - CERTIFICATE OF SERVICE FOR 07/16/2021 ORDER)(Bockis, Andrew) |
| Filing 17 WAIVER OF SERVICE Returned by Adelphia Gateway, LLC. West Rockhill Township waiver sent on 7/15/2021, answer due 9/13/2021. (Attachments: #1 Exhibit(s) A - WAIVER OF SERVICE, #2 Exhibit(s) B CERTIFICATE OF SERVICE FOR 07.16.2021 ORDER)(Bockis, Andrew) Modified on 7/19/2021 (aaa). |
| Filing 16 WAIVER OF SERVICE Returned by Adelphia Gateway, LLC. Daniel McCarthy waiver sent on 7/15/2021, answer due 9/13/2021; Sheila McCarthy waiver sent on 7/15/2021, answer due 9/13/2021. (Attachments: #1 Exhibit(s) A - WAIVER OF SERVICE, #2 Exhibit(s) B CERTIFICATE OF SERVICE FOR 07.16.2021 ORDER)(Bockis, Andrew) Modified on 7/19/2021 (aaa). |
| Filing 15 SUMMONS Returned Executed by Adelphia Gateway, LLC. Steven C. Beckman served on 7/16/2021, answer due 8/6/2021; Michelle A. Coleman served on 7/16/2021, answer due 8/6/2021; Bernard A. Labuskes, Jr served on 7/16/2021, answer due 8/6/2021; Pennsylvania Environmental Hearing Board served on 7/16/2021, answer due 8/6/2021; Thomas W. Renwand served on 7/16/2021, answer due 8/6/2021. (Attachments: #1 Exhibit(s) A-1 EHB PROOF OF SERVICE AND AFFIDAVIT OF SERVICE, #2 Exhibit(s) A-2 RENWAND PROOF OF SERVICE AND AFFIDAVIT OF SERVICE, #3 Exhibit(s) A-3 LABUSKES PROOF OF SERVICE AND AFFIDAVIT OF SERVICE, #4 Exhibit(s) A-4 COLEMAN PROOF OF SERVICE AND AFFIDAVIT OF SERVICE, #5 Exhibit(s) A-5 BECKMAN PROOF OF SERVICE AND AFFIDAVIT OF SERVICE, #6 Exhibit(s) B - CERTIFICATE OF SERVICE FOR 07/16/2021 ORDER)(Bockis, Andrew) |
| Filing 14 WAIVER OF SERVICE Returned by Adelphia Gateway, LLC. Cliff Cole waiver sent on 7/15/2021, answer due 9/13/2021. (Attachments: #1 Exhibit(s) A-1 CLIFF COLE WAIVER OF SERVICE, #2 Exhibit(s) A-2 PAM WEST WAIVER OF SERVICE, #3 Exhibit(s) A-3 BRIAN WEIRBACK WAIVER OF SERVICE, #4 Exhibit(s) A-4 KATHY WEIRBACK WAIVER OF SERVICE, #5 Exhibit(s) A-5 TODD SHELLY WAIVER OF SERVICE, #6 Exhibit(s) A-6 CHRISTINE SHELLY WAIVER OF SERVICE, #7 Exhibit(s) B - CERTIFICATE OF SERVICE 7.16.2021 ORDER)(Bockis, Andrew) Modified on 7/19/2021 (aaa). |
| Filing 13 WAIVER OF SERVICE Returned by Adelphia Gateway, LLC. Christine Shelly waiver sent on 7/15/2021, answer due 9/13/2021; Shelly Shelly waiver sent on 7/15/2021, answer due 9/13/2021; Brian Weirback waiver sent on 7/15/2021, answer due 9/13/2021; Kathy Weirback waiver sent on 7/15/2021, answer due 9/13/2021; Pamela West waiver sent on 7/15/2021, answer due 9/13/2021. (Attachments: #1 Exhibit(s) A-1 CLIFF COLE WAIVER OF SERVICE, #2 Exhibit(s) A-2 PAM WEST WAIVER OF SERVICE, #3 Exhibit(s) A-3 BRIAN WEIRBACK WAIVER OF SERVICE, #4 Exhibit(s) A-4 KATHY WEIRBACK WAIVER OF SERVICE, #5 Exhibit(s) A-5 TODD SHELLY WAIVER OF SERVICE, #6 Exhibit(s) A-6 CHRISTINE SHELLY WAIVER OF SERVICE, #7 Exhibit(s) B - CERTIFICATE OF SERVICE 7.16.2021 ORDER)(Bockis, Andrew) Modified on 7/19/2021 (aaa). |
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Filing 12
ORDER: 1. Counsel for pltf shall immediately effect service of its complaint, mtn for PI, all supporting materials, and this order on dfts and, when identified, dfts counsel.2. Counsel for pltf shall promptly provide the court with proof of service of the filings enumerated in paragraph 1.3. The court will schedule a telephonic conference call concerning pltfs mtn #8 for PI once service has been made as to all dfts.4. Pltfs mtn #7 to exceed word limit is GRANTED and pltf may file a brsupp of its mtn for PI of up to 11,000 words. Dfts are granted a reciprocal extension of the word limit for any responsive briefing filed. Signed by Honorable Christopher C. Conner on 7/16/21. (ma)
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Filing 11
ORDER Re: Case Assignment and Procedures Signed by Honorable Christopher C. Conner on 7/15/21. (ma)
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| DOCKET ANNOTATION: This case has been assigned to Judge Conner. (ktt) |
| Filing 10 CERTIFICATE OF SERVICE by Adelphia Gateway, LLC re #9 Brief in Support, #8 Emergency MOTION for Preliminary Injunction (Bockis, Andrew) |
| Filing 9 BRIEF IN SUPPORT re #8 Emergency MOTION for Preliminary Injunction filed by Adelphia Gateway, LLC. (Attachments: #1 Exhibit(s) A)(Bockis, Andrew) |
| Filing 8 Emergency MOTION for Preliminary Injunction by Adelphia Gateway, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence)(Bockis, Andrew) |
| Filing 7 MOTION to Exceed Page Limitation by Adelphia Gateway, LLC. (Attachments: #1 Proposed Order, #2 Certificate of Nonconcurrence, #3 Certificate of Service)(Bockis, Andrew) |
| Filing 6 Summons Issued as to All Defendants and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (Attachments: #1 Summons Packet) (rw) |
| Filing 5 NOTICE of Appearance by John R. Dixon on behalf of Adelphia Gateway, LLC (rw) |
| Filing 4 NOTICE of Appearance by Andrew T. Bockis on behalf of Adelphia Gateway, LLC (rw) |
| Filing 3 NOTICE of Appearance by Elizabeth U. Witmer on behalf of Adelphia Gateway, LLC (rw) |
| Filing 2 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Adelphia Gateway, LLC identifying Corporate Parent NJR Midstream Company for Adelphia Gateway, LLC. (rw) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402, Receipt Number APAMDC-5635943), filed by Adelphia Gateway, LLC. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit E) (rw). |
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