Middlesex Water Company v. Pennsylvania Public Utility Commission et al
| Middlesex Water Company |
| Pennsylvania Public Utility Commission, Gladys Brown Dutrieuille, Steven M. DeFrank, Ralph V. Yanora, Kathryn L. Zerfuss, John F. Coleman and Aqua Pennsylvania, Inc. |
| 3:2023cv00483 |
| March 20, 2023 |
| US District Court for the Middle District of Pennsylvania |
| Christopher C Conner |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 18, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 44
ORDER - it is hereby ORDERED that the hearing scheduled for Wednesday, May 24, 2023 at 1:00 p.m. is CONVERTED to a settlement conference with Magistrate Judge Susan E. Schwab to commence at 1:30 p.m. In the event a hearing is needed, a hearing on the plaintiffs motion for preliminary injunction shall commence on Thursday, May 25, 2023, at 9:00 a.m., in Courtroom No. 2, Seventh Floor, at the Sylvia H. Rambo United States Courthouse, 1501 North 6th Street, Harrisburg, Pennsylvania, 17102. Signed by Honorable Christopher C. Conner on 5/18/2023. (mw)
|
| Filing 43 MEMORANDUM OF LAW by Middlesex Water Company for Preliminary Injunction Hearing. (Simon, Shane) |
| Filing 42 MEMORANDUM OF LAW by Aqua Pennsylvania, Inc. //with Exhibit List. (Attachments: #1 Exhibit(s) Exhibit List)(Kawa, Erin) |
| Filing 41 MEMORANDUM OF LAW by Aqua Pennsylvania, Inc. . (Kawa, Erin) |
| Filing 40 MEMORANDUM OF LAW by John F. Coleman, Steven M. DeFrank, Gladys Brown Dutrieuille, Pennsylvania Public Utility Commission, Ralph V. Yanora, Kathryn L. Zerfuss PREHEARING MEMORANDUM. (Blake, Jonathan) |
| Filing 39 REPLY BRIEF re #31 MOTION to Dismiss and in Opposition to Plaintiff's Motion for Preliminary Objections filed by John F. Coleman, Steven M. DeFrank, Gladys Brown Dutrieuille, Pennsylvania Public Utility Commission, Ralph V. Yanora, Kathryn L. Zerfuss.(Blake, Jonathan) |
| Filing 38 REPLY BRIEF re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Aqua Pennsylvania, Inc..(Kawa, Erin) |
| Filing 37 BRIEF IN SUPPORT and in Opposition re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #31 MOTION to Dismiss , #4 MOTION for Preliminary Injunction filed by Middlesex Water Company. (Attachments: #1 Unpublished Opinion(s), #2 Unpublished Opinion(s), #3 Unpublished Opinion(s), #4 Exhibit(s), #5 Exhibit(s), #6 Exhibit(s), #7 Unpublished Opinion(s))(Simon, Shane) |
| Filing 36 VERBAL ORDER - It is ORDERED that the motion #35 is GRANTED and movant may file a brief in excess of the word/page limits of the local rules as requested in the motion. Signed by Honorable Christopher C. Conner on 5/5/2023. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) |
| Filing 35 Unopposed MOTION to Exceed Page Limitation by Middlesex Water Company. (Attachments: #1 Proposed Order)(Simon, Shane) |
| Filing 34 BRIEF IN OPPOSITION re #4 MOTION for Preliminary Injunction and in Support of Commonwealth Defendants' Motion to Dismiss filed by John F. Coleman, Steven M. DeFrank, Gladys Brown Dutrieuille, Pennsylvania Public Utility Commission, Ralph V. Yanora, Kathryn L. Zerfuss. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C, #4 Exhibit(s) Exhibit D, #5 Exhibit(s) Exhibit E, #6 Exhibit(s) Exhibit F, #7 Exhibit(s) Exhibit G, #8 Exhibit(s) Exhibit H, #9 Exhibit(s) Exhibit I, #10 Exhibit(s) Exhibit J, #11 Exhibit(s) Exhibit K, #12 Exhibit(s) Exhibit L, #13 Exhibit(s) Exhibit M, #14 Exhibit(s) Exhibit N, #15 Exhibit(s) Exhibit O, #16 Exhibit(s) Exhibit P, #17 Exhibit(s) Exhibit Q, #18 Exhibit(s) Exhibit R, #19 Exhibit(s) Exhibit S, #20 Exhibit(s) Exhibit T, #21 Exhibit(s) Exhibit U, #22 Exhibit(s) Exhibit V, #23 Exhibit(s) Exhibit W, #24 Proposed Order)(Blake, Jonathan) |
| Filing 33 VERBAL ORDER - It is ORDERED that the motion #32 is GRANTED and movant may file a brief in excess of the word/page limits as requested in the motion. Signed by Honorable Christopher C. Conner on 4/25/2023. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) |
| Filing 32 MOTION to Exceed Page Limitation by John F. Coleman, Steven M. DeFrank, Gladys Brown Dutrieuille, Pennsylvania Public Utility Commission, Ralph V. Yanora, Kathryn L. Zerfuss. (Attachments: #1 Proposed Order)(Blake, Jonathan) |
| Filing 31 MOTION to Dismiss by John F. Coleman, Steven M. DeFrank, Gladys Brown Dutrieuille, Pennsylvania Public Utility Commission, Ralph V. Yanora, Kathryn L. Zerfuss. (Attachments: #1 Proposed Order)(Blake, Jonathan) |
| Filing 30 BRIEF IN SUPPORT and IN OPPOSITION re #24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #4 MOTION for Preliminary Injunction filed by Aqua Pennsylvania, Inc.. (Attachments: #1 Exhibit(s) Commonwealth Court Memorandum Opinion, #2 Exhibit(s) PUC ALJ Recommended Decision, #3 Exhibit(s) Middlesex 10K, #4 Exhibit(s) PUC Order Approving Asset Acquisition, #5 Exhibit(s) Middlesex Application to Acquire, #6 Exhibit(s) Middlesex 8K, #7 Exhibit(s) Middlesex Water Name Change Approval, #8 Exhibit(s) Middlesex Corporate Designee Deposition Transcript, #9 Exhibit(s) PUC Order re Section 529 Proceedings, #10 Exhibit(s) Section 529 Petition, #11 Exhibit(s) PUC Receivership Order, #12 Exhibit(s) Twin Lakes Exceptions (PUC), #13 Exhibit(s) Twin Lakes Petition for Review (Commonwealth Court), #14 Exhibit(s) Twin Lakes Principal Brief (Commonwealth Court), #15 Exhibit(s) Twin Lakes Petition for Allowance of Appeal (Pennsylvania Supreme Court), #16 Exhibit(s) Aqua Cross-Petition for Allowance of Appeal (Pennsylvania Supreme Court), #17 Unpublished Opinion(s) PPL Elec. Utils. Corp. v. PUC, #18 Unpublished Opinion(s) GGIS Ins. Servs. v. Lincoln Gen. Ins. Co., #19 Unpublished Opinion(s) Roe v. Pa. Game Commn, #20 Unpublished Opinion(s) In re Tillie Pierce House LLC)(Kawa, Erin) |
| Filing 29 VERBAL ORDER - It is ORDERED that the motion #28 is GRANTED and the movant may file a brief in excess of the word/page limits as requested in the motion. Signed by Honorable Christopher C. Conner on 4/21/23. (spm) |
| Filing 28 Unopposed MOTION to Exceed Page Limitation by Aqua Pennsylvania, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Kawa, Erin) |
| Filing 27 NOTICE of Appearance by Patricia Timmerman Wiedt on behalf of John F. Coleman, Steven M. DeFrank, Gladys Brown Dutrieuille, Pennsylvania Public Utility Commission, Ralph V. Yanora, Kathryn L. Zerfuss (Wiedt, Patricia) |
|
Filing 26
ORDER granting #25 Motion to Modify briefing schedule. Signed by Honorable Christopher C. Conner on 4/13/2023 (mw)
|
| Filing 25 Unopposed MOTION Modify briefing schedule re #10 Scheduling Order, by Aqua Pennsylvania, Inc.. (Attachments: #1 Proposed Order)(Kawa, Erin) |
| Filing 24 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Aqua Pennsylvania, Inc.. (Attachments: #1 Proposed Order Proposed Order)(Kawa, Erin) |
| Filing 23 BRIEF IN SUPPORT re #4 MOTION for Preliminary Injunction filed by Middlesex Water Company. (Attachments: #1 Exhibit(s) Exhibit A, #2 Exhibit(s) Exhibit B, #3 Exhibit(s) Exhibit C (Unpublished Case), #4 Exhibit(s) Exhibit D (Unpublished Case))(Simon, Shane) |
| Filing 22 NOTICE of Appearance by Rhonda L. Daviston on behalf of John F. Coleman, Steven M. DeFrank, Gladys Brown Dutrieuille, Pennsylvania Public Utility Commission, Ralph V. Yanora, Kathryn L. Zerfuss (Daviston, Rhonda) |
| Filing 21 NOTICE of Appearance by Christopher Forest Van de Verg on behalf of John F. Coleman, Steven M. DeFrank, Gladys Brown Dutrieuille, Pennsylvania Public Utility Commission, Ralph V. Yanora, Kathryn L. Zerfuss (Van de Verg, Christopher) |
| Filing 20 VERBAL ORDER - It is ORDERED that the motion #19 is GRANTED and movant may file a brief in excess of the word/page limitations as requested. Signed by Honorable Christopher C. Conner on 3/31/2023. (Text-only entry; no PDF document will issue. This text-only entry constitutes the order of the court or notice on the matter.) (mw) |
| Filing 19 Unopposed MOTION to Exceed Page Limitation (Word Limitation) by Middlesex Water Company. (Attachments: #1 Proposed Order)(Simon, Shane) |
|
Filing 18
ORDER granting #11 Motion to Intervene. Signed by Honorable Christopher C. Conner on 3/31/2023 (mw)
|
| Filing 17 NOTICE of Appearance by Christine C Einerson on behalf of John F. Coleman, Steven M. DeFrank, Gladys Brown Dutrieuille, Pennsylvania Public Utility Commission, Ralph V. Yanora, Kathryn L. Zerfuss (Einerson, Christine) |
| Filing 16 WAIVER OF SERVICE Returned by Steven M. DeFrank, Ralph V. Yanora, John F. Coleman, Kathryn L. Zerfuss, Pennsylvania Public Utility Commission, Gladys Brown Dutrieuille. Steven M. DeFrank waiver sent on 3/20/2023, answer due 5/19/2023; Ralph V. Yanora waiver sent on 3/20/2023, answer due 5/19/2023; John F. Coleman waiver sent on 3/20/2023, answer due 5/19/2023; Kathryn L. Zerfuss waiver sent on 3/20/2023, answer due 5/19/2023; Gladys Brown Dutrieuille waiver sent on 3/20/2023, answer due 5/19/2023. (Blake, Jonathan) |
| Filing 15 NOTICE of Appearance by Jonathan M. Blake on behalf of John F. Coleman, Steven M. DeFrank, Gladys Brown Dutrieuille, Pennsylvania Public Utility Commission, Ralph V. Yanora, Kathryn L. Zerfuss (Blake, Jonathan) |
| Filing 14 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Aqua Pennsylvania, Inc. identifying Corporate Parent Essential Utilities, Inc. for Aqua Pennsylvania, Inc.. (Kawa, Erin) |
| Filing 13 NOTICE of Appearance by James J. Kutz on behalf of Aqua Pennsylvania, Inc. (Kutz, James) |
| Filing 12 NOTICE of Appearance by Erin R Kawa on behalf of Aqua Pennsylvania, Inc. (Kawa, Erin) |
| Filing 11 Unopposed MOTION to Intervene by Aqua Pennsylvania, Inc.. (Attachments: #1 Proposed Order Order)(Kawa, Erin) |
|
Filing 10
SCHEDULING ORDER - it is hereby ORDERED that a hearing on plaintiffs motion for preliminary injunction shall commence on Wednesday, May 24, 2023, at 1:00 p.m. SEE ORDER FOR COMPLETE DETAILS. Signed by Honorable Christopher C. Conner on 3/28/2023. (mw)
|
| Filing 8 CERTIFICATE OF SERVICE by Middlesex Water Company re #7 Scheduling Order //PROOF OF SERVICE (Haar, Matthew) |
|
Filing 7
SCHEDULING ORDER - A telephonic conference concerning plaintiffs motion (Doc. 4) for preliminary injunction is scheduled for Monday, March 27, 2023, at 3:30 p.m. Signed by Honorable Christopher C. Conner on 3/23/2023. (mw)
|
| Filing 6 SUMMONS Returned Executed by Middlesex Water Company. Pennsylvania Public Utility Commission served on 3/22/2023, answer due 4/12/2023. (Haar, Matthew) |
| Filing 5 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Middlesex Water Company. (Haar, Matthew) |
| Filing 4 MOTION for Preliminary Injunction by Middlesex Water Company. (Attachments: #1 Exhibit(s) A, #2 Exhibit(s) B, #3 Proposed Order)(Haar, Matthew) |
|
Filing 3
ORDER re Case Assignment and Procedures. Signed by Honorable Christopher C. Conner on 3/21/2023. (mw)
|
| Filing 2 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) (aaa) |
| Filing 1 COMPLAINT against All Defendants ( Filing fee $402, Receipt Number APAMDC-6232882), filed by Middlesex Water Company. (Attachments: #1 Civil Cover Sheet, #2 Exhibit(s) A, #3 B, #4 C, #5 D)(aaa) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Pennsylvania Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
