Northeast Texas Electric Cooperative Inc v. Southwestern Electric Power Company
| Northeast Texas Electric Cooperative Inc |
| Southwestern Electric Power Company |
| 2:2022cv00497 |
| December 28, 2022 |
| US District Court for the Eastern District of Texas |
| Roy S Payne |
| Robert W Schroeder |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Defendant |
Docket Report
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| Filing 46 OBJECTION to #40 Report and Recommendations by Northeast Texas Electric Cooperative Inc. (Hancock, Lawrence) |
| Filing 45 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Emergency Motion for Preliminary Injunction and Permanent Injunction Hearing, held on January 30, 2023, before Judge Roy Payne. Court Reporter/Transcriber: April Hargett, Telephone number: (409) 654-2891. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have seven (7) days to file with the Court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.txed.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.. Motion to Redact due 3/10/2023. Release of Transcript Restriction set for 5/18/2023. (ahargett, ) |
| Filing 44 PAPER TRANSCRIPT REQUEST by Southwestern Electric Power Company for proceedings held on 1/30/2023 Hearing on Motion for Preliminary and Permanent Injunction before Judge Roy S. Payne. (Johnson, William) (Forwarded to April Hargett on 2/14/2023) (ljw, ). |
| Filing 43 NOTICE by Northeast Texas Electric Cooperative Inc Initial Disclosures (Hancock, Lawrence) |
| Filing 42 PAPER TRANSCRIPT REQUEST by Northeast Texas Electric Cooperative Inc for proceedings held on 1/30/2023 Hearing on Motion for Preliminary and Permanent Injunction before Judge Roy S. Payne. (Hancock, Lawrence) (Forwarded to April Hargett on 2/13/2023) (ljw, ). |
| Filing 41 NOTICE of Discovery Disclosure by Southwestern Electric Power Company (Johnson, William) |
| Filing 40 REPORT AND RECOMMENDATIONS re #13 Emergency MOTION for Preliminary Injunction and Permanent Injunction filed by Northeast Texas Electric Cooperative Inc.. Signed by Magistrate Judge Roy S. Payne on 2/8/2023. (ch, ) |
| Filing 39 Minute Entry for proceedings held before Magistrate Judge Roy S. Payne: Motion Hearing held on 1/30/2023 re #13 Emergency MOTION for Preliminary Injunction and Permanent Injunction filed by Northeast Texas Electric Cooperative Inc. from 8:56 am-10:36 am (No exhibits)(Court Reporter April Hargett.) (bga) |
Filing 38
ORDER granting #29 Emergency MOTION for Leave to File Excess Pages for Its Reply in Support of Its Motion for Preliminary and Permanent Injunction, granting #30 Emergency MOTION to Seal Document NTEC'S Reply Brief and Exhibit that Includ Material Designated by Defendant as Highly Sensitive Protected Materials. Signed by Magistrate Judge Roy S. Payne on 1/30/2023. (ch, )
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| ***FILED IN ERROR. FILE COVER PAGE AND CERTIFICATES AND THEN ATTACH EXHIBIT Document # 36, SEALED ADDITIONAL ATTACHMENT. PLEASE IGNORE.*** (ch, ) |
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Filing 37
ORDER granting #25 Motion to Seal Document. Signed by Magistrate Judge Roy S. Payne on 1/27/2023. (ch, )
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| Filing 36 ***FILED IN ERROR***SEALED ADDITIONAL ATTACHMENTS to Main Document: #33 Sealed Reply to Response to Motion,. (Hancock, Lawrence) Modified on 1/30/2023 (ch, ). |
| Filing 35 REPLY to Response to Motion re #32 SEALED MOTION NTEC'S Reply in Support its Motion for Preliminary and Permanent Injunction filed by Northeast Texas Electric Cooperative Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Hancock, Lawrence) |
| Filing 34 FILED IN ERROR PER ATTORNEY. PLEASE IGNORE Sealed Document. (Attachments: #1 Exhibit)(Hancock, Lawrence) Modified on 1/27/2023 (klc, ). Modified on 1/27/2023 (klc, ). |
| Filing 33 SEALED REPLY to Response to Motion re #32 SEALED MOTION NTEC'S Reply in Support its Motion for Preliminary and Permanent Injunction filed by Northeast Texas Electric Cooperative Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Hancock, Lawrence) |
| Filing 32 DEFICIENT DOCUMENT SEALED MOTION NTEC'S Reply in Support its Motion for Preliminary and Permanent Injunction by Northeast Texas Electric Cooperative Inc. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Hancock, Lawrence) Modified on 1/27/2023 (nkl, ). |
| Filing 31 Supplemental MOTION to Seal Highly Sensitive Protected Materials by Southwestern Electric Power Company. (Attachments: #1 Text of Proposed Order Order)(Johnson, William) |
| Filing 30 Emergency MOTION to Seal Document NTEC'S Reply Brief and Exhibit that Includ Material Designated by Defendant as Highly Sensitive Protected Materials by Northeast Texas Electric Cooperative Inc. (Attachments: #1 Text of Proposed Order)(Hancock, Lawrence) |
| Filing 29 Emergency MOTION for Leave to File Excess Pages for Its Reply in Support of Its Motion for Preliminary and Permanent Injunction by Northeast Texas Electric Cooperative Inc. (Attachments: #1 Text of Proposed Order)(Hancock, Lawrence) |
| NOTICE of Deficiency regarding the SEALED MOTION NTEC'S Reply in Support its Motion for Preliminary and Permanent Injunction submitted document #32 does not contain a Certificate of Authorization to File Under Seal per Local Rule CV-5(a)(7)(A) and was filed using the wrong docket event. Correction should be made by one business day. (nkl, ) |
| Filing 28 REDACTION to #26 Response in Opposition to Motion, by Southwestern Electric Power Company. (Attachments: #1 Exhibit 3 - Godfrey Declaration redacted)(Johnson, William) |
| Filing 27 SEALED ADDITIONAL ATTACHMENTS to Main Document: #26 Response in Opposition to Motion,. (Attachments: #1 Exhibit Godfrey Declaration)(Johnson, William) |
| Filing 26 RESPONSE in Opposition re #13 Emergency MOTION for Preliminary Injunction and Permanent Injunction, #25 MOTION to Seal Document filed by Southwestern Electric Power Company. (Attachments: #1 Exhibit Turner Declaration, #2 Exhibit Brice Declaration, #3 Text of Proposed Order Order)(Johnson, William) |
| Filing 25 MOTION to Seal Document by Southwestern Electric Power Company. (Attachments: #1 Text of Proposed Order Order to Seal)(Johnson, William) |
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Filing 24
ORDER granting #23 Emergency MOTION for Leave to File Excess Pages. Signed by Magistrate Judge Roy S. Payne on 1/25/2023. (ch, )
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| Filing 23 Emergency MOTION for Leave to File Excess Pages by Southwestern Electric Power Company. (Attachments: #1 Text of Proposed Order Emergency Proposed Order)(Johnson, William) |
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Filing 22
ORDER Setting Hearing on Motion #13 Emergency MOTION for Preliminary Injunction and Permanent Injunction : Motion Hearing set for 1/30/2023 09:00 AM before Magistrate Judge Roy S. Payne.. Signed by Magistrate Judge Roy S. Payne on 1/17/2023. (ch, )
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Filing 21
AGREED PROTECTIVE ORDER granting #20 Agreed MOTION for Protective Order. Signed by Magistrate Judge Roy S. Payne on 1/17/2023. (ch, )
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| Filing 20 Agreed MOTION for Protective Order by Southwestern Electric Power Company. (Attachments: #1 Text of Proposed Order)(Johnson, William) (Additional attachment(s) added on 1/17/2023: #2 Revised Proposed Order) (nkl, ). |
| Filing 19 Supplemental MOTION for Reconsideration re #6 MOTION for Reconsideration (Dissolve) by Southwestern Electric Power Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Johnson, William) |
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Filing 18
DISCOVERY ORDER. Signed by Magistrate Judge Roy S. Payne on 1/17/2023. (ch, )
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Filing 17
DOCKET CONTROL ORDER Pretrial Conference set for 10/23/2023 01:30 PM before Magistrate Judge Roy S. Payne., Amended Pleadings due by 8/17/2023., Discovery due by 8/10/2023., Joinder of Parties due by 6/15/2023., Jury Selection set for 11/13/2023 09:00AM before District Judge Robert W. Schroeder III., Mediation Completion due by 8/31/2023., Motions due by 10/12/2023., Proposed Pretrial Order due by 10/19/2023. Signed by Magistrate Judge Roy S. Payne on 1/17/2023. (ch, )
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| Minute Entry for proceedings held before Magistrate Judge Roy S. Payne: Scheduling Conference held on 1/17/2023 in chambers. (No exhibits)(Court Reporter Not Recorded.) (bga) |
| ***FILED IN ERROR. ORDERS ARE NOT FILED AS A SEPARATE DOCUMENT Document # 15, Notice. PLEASE IGNORE.*** (ch, ) |
| Filing 15 ***FILED IN ERROR***NOTICE by Northeast Texas Electric Cooperative Inc re #13 Emergency MOTION for Preliminary Injunction and Permanent Injunction of Filing on Proposed Order (Hancock, Lawrence) Modified on 1/17/2023 (ch, ). |
| Filing 14 Additional Attachments to Main Document: #13 Emergency MOTION for Preliminary Injunction and Permanent Injunction.. (Attachments: #1 Exhibit NTEC Original Petition and Application for TRO, #2 Exhibit NTEC Original Petition and Application for TRO, Exhibit A-A1, #3 Exhibit NTEC Original Petition and Application for TRO, Exhibit B, #4 Exhibit NTEC Original Petition and Application for TRO, Exhibit C, #5 Exhibit NTEC Original Petition and Application for TRO, Exhibits D-F)(Hancock, Lawrence) |
| Filing 13 Emergency MOTION for Preliminary Injunction and Permanent Injunction by Northeast Texas Electric Cooperative Inc. (Attachments: #1 Appendix Index to Attachments - Motion, #2 Appendix Brief in Support of NTEC Emergency Motion for Preliminary and Permanent Injunction, #3 Exhibit Exhibit A to Brief in Support: Affidavit of Jack Madden, #4 Exhibit Exhibit A1 to Brief in Support: Power Supply Agreement, #5 Exhibit Exhibit B to Brief in Support: NTEC Board Minutes, #6 Exhibit Exhibit C to Brief in Support: Declaration of Bryan Wood, #7 Exhibit Exhibit E to Brief in Support:Pearsall Email, #8 Exhibit Exhibit F to Brief in Support: SWEPCO Notices, #9 Exhibit Exhibit G to Brief in Support: Discovery Emails)(Hancock, Lawrence) (Additional attachment(s) added on 1/17/2023: #10 Text of Proposed Order) (ch, ). |
| Filing 16 Minute Entry for proceedings held before Magistrate Judge Roy S. Payne: Motion Hearing held on 1/12/2023 re #6 MOTION for Reconsideration (Dissolve) filed by Southwestern Electric Power Company. from 1:29 pm-1:36 pm (No exhibits)(Court Reporter Ed Reed.) (bga) |
| Filing 12 NOTICE of Attorney Appearance by Ashley Kristine Soppet on behalf of Northeast Texas Electric Cooperative Inc (Soppet, Ashley) |
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Filing 11
NOTICE OF SCHEDULING CONFERENCE, PROPOSED DEADLINES FOR DOCKET CONTROL ORDER AND DISCOVERY ORDER - Scheduling Conference set for 1/12/2023 10:30 AM before Magistrate Judge Roy S. Payne. Signed by Magistrate Judge Roy S. Payne on 1/11/2023. (ch, )
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| Filing 10 RESPONSE in Opposition re #8 Emergency MOTION to Continue Hearing and to Extend Opposition Due Date on SWEPCO's Emergency Motion to Dissolve or Modify Temporary Restraining Order filed by Northeast Texas Electric Cooperative Inc. (Attachments: #1 Exhibit NTECs Ex Parte TRO, #2 Exhibit NTEC Emailed Notice, #3 Exhibit Service Emails and Proof of Mailing, #4 Exhibit December 21, 2022 Email)(Hancock, Lawrence) |
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Filing 9
ORDER granting #8 Emergency MOTION to Continue Hearing and to Extend Opposition Due Date on SWEPCO's Emergency Motion to Dissolve or Modify Temporary Restraining Order. ORDER Setting Hearing on Motion #6 MOTION for Reconsideration (Dissolve) : Motion Hearing set for 1/12/2023 10:30 AM before Magistrate Judge Roy S. Payne.. Signed by Magistrate Judge Roy S. Payne on 1/5/2023. (ch, )
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| NOTICE the responsive pleading originally due 1/3/23 in opposition to Defendant's motion is now due 1/10/23 in light of Plaintiff's emergency motion. The hearing is postponed to be reset. (bga) |
| Filing 8 Emergency MOTION to Continue Hearing and to Extend Opposition Due Date on SWEPCO's Emergency Motion to Dissolve or Modify Temporary Restraining Order by Northeast Texas Electric Cooperative Inc. (Attachments: #1 Text of Proposed Order)(Hancock, Lawrence) |
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Filing 7
ORDER Setting Hearing on Motion #6 MOTION for Reconsideration (Dissolve) : Motion Hearing set for 1/5/2023 09:00 AM before Magistrate Judge Roy S. Payne.. Signed by Magistrate Judge Roy S. Payne on 12/30/2022. (klc, )
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| Filing 6 MOTION for Reconsideration (Dissolve) by Southwestern Electric Power Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Text of Proposed Order)(Johnson, William) |
| Filing 5 ANSWER to #4 Complaint by Southwestern Electric Power Company. ( Filed in Upshur County Tx, 115th Judicial District Cause No 594-22)(ch, ) |
| Filing 4 COMPLAINT against Southwestern Electric Power Company, filed by Northeast Texas Electric Cooperative Inc. (Filed in Upshur County Tx, 115th Judicial District Cause No 594-22)(ch, ) |
| In accordance with the provisions of 28 USC Section 636(c), you are hereby notified that a U.S. Magistrate Judge of this district court is available to conduct any or all proceedings in this case including a jury or non-jury trial and to order the entry of a final judgment. The form #Consent to Proceed Before Magistrate Judge is available on our website. All signed consent forms, excluding pro se parties, should be filed electronically using the event Notice Regarding Consent to Proceed Before Magistrate Judge. (ch, ) |
| Case assigned to District Judge Robert W. Schroeder, III and Magistrate Judge Roy S. Payne. (ch, ) |
| Filing 3 CORPORATE DISCLOSURE STATEMENT filed by Southwestern Electric Power Company identifying Corporate Parent American Electric Power Company, Inc. for Southwestern Electric Power Company. (Johnson, William) |
| Filing 2 Additional Attachments to Main Document: #1 Notice of Removal,.. (Johnson, William) |
| Filing 1 NOTICE OF REMOVAL by Southwestern Electric Power Company (Filing fee $ 402 receipt number ATXEDC-9285858), filed by Southwestern Electric Power Company. (Attachments: #1 Exhibit 1, #2 Exhibit 3, #3 Exhibit 4, #4 Exhibit 5, #5 Civil Cover Sheet Civil Cover Sheet)(Johnson, William) |
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