Columbia Gas Transmission, LLC v. Kline Development Group, LLC et al
| Columbia Gas Transmission, LLC |
| Kline Development Group, LLC and Kenishca Walizada |
| 1:2022cv00225 |
| March 1, 2022 |
| US District Court for the Eastern District of Virginia |
| Theresa Carroll Buchanan |
| William E Fitzpatrick |
| Patricia Tolliver Giles |
| Torts to Land |
| 28 U.S.C. § 1332 Diversity-Torts to Land |
| Plaintiff |
Docket Report
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| Filing 51 Final Judgment of Permanent Injunction. Signed by District Judge Patricia Tolliver Giles on 01/09/2023.(dvanm) |
Filing 50
ORDER granting #49 Motion for Release of Funds. Signed by District Judge Patricia Tolliver Giles on 01/09/2023. (dvanm)
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| Filing 49 Consent MOTION for Release of Funds Cash Bond by Columbia Gas Transmission, LLC. (Attachments: #1 Proposed Order)(He, Kang) |
| Filing 48 STIPULATION for Entry of Judgment by Columbia Gas Transmission, LLC. (Attachments: #1 Proposed Order Stipulated Final Judgment of Permanent Injunction)(He, Kang) |
| Filing 46 USCA Mandate re #25 Notice of Appeal. The judgment of this court, entered November 22, 2022, takes effect today. This constitutes the formal mandate of this court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (dvanm) |
| Filing 45 STATUS REPORT (Omnibus Joint Status Report About Settlement) by Columbia Gas Transmission, LLC. (He, Kang) |
| Filing 44 USCA JUDGMENT as to #25 Notice of Appeal filed by Kenishca Walizada, Kline Development Group, LLC. In accordance with the decision of this court, the judgment of the district court is affirmed. This judgment shall take effect upon issuance of this court's mandate in accordance with Fed. R. App. P. 41. (dvanm) |
| Filing 43 UNPUBLISHED Opinion of USCA re #25 Notice of Appeal, decided November 22, 2022 - AFFIRMED.(dvanm) |
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Filing 42
ORDER granting #41 Motion, and the deadlines in this case are STAYED as follows: 1. The deadlines in this case (including any deadline to respond to any outstanding discovery request) shall be stayed for a period of 45 days from the date of the entry of this Order. 2. In the event that the parties' mediation is unsuccessful, in whole or in part, the parties shall promptly notify and inform the Court, and move to schedule a trial date. Signed by District Judge Patricia Tolliver Giles on 10/13/2022. (dvanm)
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| Filing 41 Joint MOTION to Stay Action Pending Mediation by Kline Development Group, LLC, Kenishca Walizada. (Attachments: #1 Proposed Order Staying Action Pending Mediation)(Campbell, James) |
| Case Reassigned to Magistrate Judge William E. Fitzpatrick. Magistrate Judge Theresa Carroll Buchanan no longer assigned to the case. (jlan) |
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Filing 40
Rule 16(b) Scheduling Order - Pursuant to the Rule 16(b) Conference it is ordered that: Upon consideration of the representations made by the parties in the Rule 26(f) Joint Written Report (Dkt. 39) and taking note of the Scheduling Order (Dkt. 38) entered in this case, the Court makes the following rulings: 1. All discovery shall be concluded by Friday, October 14, 2022. 2. The Rule 26(f) Joint Written Report filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court. 3. The pretrial conference scheduled for Wednesday, July 13, 2022 at 11:00 a.m. is cancelled. 4. All Fed. R. Civ. P. 26(a)(1) disclosures shall be completed by Friday, July 29, 2022. 5. No general objection may be asserted in response to any discovery demand except to preserve the attorney-client privilege and work product protection. (see Order for complete details) Signed by Magistrate Judge Theresa Carroll Buchanan on 7/6/22. (tfitz, )
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| Filing 39 REPORT of Rule 26(f) Planning Meeting by Columbia Gas Transmission, LLC. (He, Kang) |
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Filing 38
SCHEDULING ORDER: Initial Pretrial Conference set for 7/13/2022 at 11:00 AM in Alexandria Courtroom 500 before Magistrate Judge Theresa Carroll Buchanan. Final Pretrial Conference set for 10/19/2022 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. Discovery due by 10/14/2022. Signed by District Judge Patricia Tolliver Giles on 06/09/22. (Attachments: #1 Pretrial Notice, #2 Magistrate Judge Consent Form)(pmil, )
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| Filing 37 NOTICE by Columbia Gas Transmission, LLC re #25 Notice of Appeal, #23 Motion Hearing,,,,, Plaintiff's Notice of Filing of Certain Exhibits From the Preliminary Injunction Hearing (Attachments: #1 Plaintiff Exhibit 2, #2 Plaintiff Exhibit 3, #3 Plaintiff Exhibit 4, #4 Plaintiff Exhibit 5, #5 Plaintiff Exhibit 9, #6 Plaintiff Exhibit 10, #7 Plaintiff Exhibit 11, #8 Plaintiff Exhibit 15, #9 Plaintiff Exhibit 16, #10 Plaintiff Exhibit 19, #11 Plaintiff Exhibit 21, #12 Plaintiff Exhibit 22, #13 Plaintiff Exhibit 23, #14 Plaintiff Exhibit 24)(He, Kang) |
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Filing 36
ORDERED that Defendants' Motion (Dkt. 33) is GRANTED; and it is furtherORDERED that Defendants' Answer to Complaint (Dkt. 34) is deemed timely filed. Signed by Magistrate Judge Theresa Carroll Buchanan on 5/25/2022. (dvanm)
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| Filing 35 RESPONSE to Motion re #33 MOTION for Leave to File Late Answer Plaintiff's Response to Defendants' Motion for Leave to File Late Answer filed by Columbia Gas Transmission, LLC. (He, Kang) |
| Filing 34 ANSWER to Complaint by Kline Development Group, LLC, Kenishca Walizada.(Campbell, James) |
| Filing 33 MOTION for Leave to File Late Answer by Kline Development Group, LLC, Kenishca Walizada. (Campbell, James) |
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Filing 32
ORDERED that the Consent Motion (Dkt. 31) is GRANTED and the Motion to Dismiss (Dkt. 19) is DENIED without prejudice. Further, Defendants' consent to this denial shall not be construed as a waiver of the issues raised in the Motion to Dismiss. Signed by District Judge Patricia Tolliver Giles on 4/20/2022. (dvanm)
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| Filing 31 MOTION Entry of Consent Order Denying Motion to Dismiss re #19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction , #20 Memorandum in Support, by Kline Development Group, LLC, Kenishca Walizada. (Attachments: #1 Proposed Order)(Campbell, James) |
| Per PTG chambers motions set for 4/21/2022 on the pleadings (Per AS) (clar, ) |
| Filing 30 TRANSCRIPT of proceedings held on 3-17-22, before Judge Patricia T. Giles, Court Reporter/Transcriber Scott Wallace, Telephone number 202-277-3739. NOTICE RE REDACTION OF TRANSCRIPTS:The parties have thirty(30) calendar 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.vaed.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 from the court reporter at scottwallace.edva@gmail.com or through PACER Redaction Request due 5/12/2022. Redacted Transcript Deadline set for 6/13/2022. Release of Transcript Restriction set for 7/11/2022.(wallace, scott) |
| Filing 29 USCA Case Number 22-1341 4CCA, case manager Marcy Beall, for #25 Notice of Appeal filed by Kenishca Walizada, Kline Development Group, LLC. (dvanm) |
| Filing 28 RESPONSE in Opposition re #19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Brief in Response to Defendants' Motion to Dismiss filed by Columbia Gas Transmission, LLC. (Attachments: #1 Exhibit 1 - March 17, 2022 Hearing Transcript)(He, Kang) |
| Set Deadlines as to #19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction . Motion Hearing set for 4/21/2022 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (clar, ) |
| Filing 27 Notice of Hearing Date set for April 21, 2022 at 10:00am re Notice of Correction, #19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction (Campbell, James) |
| Filing 26 Transmission of Notice of Appeal to US Court of Appeals re #25 Notice of Appeal (All case opening forms, plus the transcript guidelines, may be obtained from the Fourth Circuit's website at www.ca4.uscourts.gov) (dvanm) |
| Filing 25 NOTICE OF APPEAL as to #24 Order on Motion for Preliminary Injunction,,,,, by Kline Development Group, LLC, Kenishca Walizada. Filing fee $ 505, receipt number AVAEDC-8312322. (Attachments: #1 Order)(Campbell, James) |
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Filing 24
PRELIMINARY INJUNCTION ORDER that Columbia's #5 Motion/Request for Preliminary Injunction is GRANTED . With respect to Columbia's 50'-wide permanent easement for an underground gas pipeline that runs through real property located at 22669 Watson Road, Leesburg, Virginia 20175, the Court ENJOINS AND PROHIBITS Defendants Kline Development Group, LLC and Kenischa Walizada, their officers, agents, servants, employees, and attorneys, and all persons who are in active concert or participation with any of the aforementioned, either directly or indirectly, from the following activities: (see Order for details); Columbia is ORDERED to immediately place visible, above-ground markers to identify the location of the pipeline itself and the boundaries of the Easement on the Property (if Columbia has not done so already). Defendants are BARRED from interfering with, removing, or otherwise modifying Columbia's markings; Columbia shall POST BOND in the amount of Fifty Thousand Dollars ($50,000.00), by cash or check made payable to "Clerk, U.S. District Court," and such funds shall be deposited into the Registry of the Court (see Order for details). Signed by District Judge Patricia Tolliver Giles on 03/18/22. (pmil, )
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| Filing 23 Minute Entry for proceedings held before District Judge Patricia Tolliver Giles: Motion Hearing re: #5 Emergency MOTION for Preliminary Injunction filed by Columbia Gas Transmission, LLC held on 3/17/2022.Appearances of counsel for Plaitiff's and Defendants'. The Court Rules on Witnesses. Plaintiff adduced evidence through: Plaintiff Witness #1 Preston Stimson, Plaintiff Witness #2 Antonio Redd, Plaintiff Witness #3 Andrew Kvasnicka; Defendant adduced evidence through: Defendant Witness #1 David Sharifi, Defendant Witness #2 Kenischa Walizada, Defendant Witness #3 John Pugh. Defendant Witness #3 called and deemed not an expert on the matter and excused by the Court. #5 Emergency MOTION for Preliminary Injunction by Columbia Gas Transmission LLC. - ARGUED AND GRANTED ORDER TO ENTER. Plaintiff post bond in the amount of $50,000.00 by cash or check to be deposited into theRegistry of the Court. (Court Reporter S. Wallace.)(pmil, ) (Additional attachment(s) added on 3/21/2022: #1 Plaintiff's Exhibit List, #2 Defendants' Exhibit List, #3 Deft. Exh. E, #4 Deft. Exh. G, #5 Deft. Exh. H) (pmil, ). (Main Document 23 replaced on 3/21/2022- corrected Minute Sheet) (pmil, ). |
| Notice of Correction re #19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction. The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (dvanm) |
| Filing 22 REPLY to Response to Motion re #5 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction , #19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Reply Brief in Support of Its Emergency Motion for a Temporary Restraining Order and a Preliminary Injunction filed by Columbia Gas Transmission, LLC. (Attachments: #1 Exhibit A - Project Cost Sheet, #2 Exhibit B - One Call History to Columbia, #3 Exhibit C - General Warranty Deed, #4 Exhibit D - State Court Discovery Response, #5 Exhibit E - Drainfield Area Image)(He, Kang) |
| Filing 21 Memorandum in Opposition re #5 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction filed by Kline Development Group, LLC, Kenishca Walizada. (Attachments: #1 Exhibit, #2 Exhibit)(Campbell, James) |
| Filing 20 Memorandum in Support re #19 MOTION to Dismiss for Failure to State a Claim MOTION to Dismiss for Lack of Jurisdiction filed by Kline Development Group, LLC, Kenishca Walizada. (Attachments: #1 Exhibit, #2 Exhibit)(Campbell, James) |
| Filing 19 MOTION to Dismiss for Failure to State a Claim , MOTION to Dismiss for Lack of Jurisdiction by Kline Development Group, LLC, Kenishca Walizada. (Campbell, James) |
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Filing 18
ORDER granting #16 Motion for Electronic Device Application. Signed by District Judge Patricia Tolliver Giles on 03/15/22. (c/s: CSO Front Desk via USM & USM) (pmil, )
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Filing 17
ORDER granting #15 Motion for Electronic Device Application. Signed by District Judge Patricia Tolliver Giles on 03/15/22. (c/s: CSO front desk via USM & USM) (pmil, )
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| Filing 16 MOTION for Electronic Device Application by Columbia Gas Transmission, LLC. (He, Kang) |
| Filing 15 MOTION for Electronic Device Application by Kline Development Group, LLC, Kenishca Walizada. (Campbell, James) |
| Filing 14 NOTICE of Appearance by James P. Campbell on behalf of Kline Development Group, LLC, Kenishca Walizada (Campbell, James) |
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Filing 13
ORDER that the Pltf's request for a preliminary injunction will be heard on Thursday, 03/17/2022 at 10:00 a.m. Signed by District Judge Patricia Tolliver Giles on 03/10/22. (pmil, )
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| Set Deadline as to #5 Emergency MOTION for Preliminary Injunction . Motion Hearing set for 3/17/2022 at 10:00 AM in Alexandria Courtroom 801 before District Judge Patricia Tolliver Giles. (pmil, ) |
| Filing 12 AFFIDAVIT of Service for Complaint with Summons and Civil Cover Sheet, Financial Disclosure Statement, Plaintiff's Emergency Motion for TRO and Preliminary Injunction, Plaintiff's Brief in Support of Emergency Motion for TRO and Preliminary Injunction, Plaintiff's Request for Immediate Relief or Emergency Hearing, Temporary Restraining Order served on James P. Campbell accepted service on behalf of Kenishca Walizada on March 4, 2022, filed by Columbia Gas Transmission, LLC. (He, Kang) |
| Filing 11 AFFIDAVIT of Service for Complaint with Summons and Civil Cover Sheet, Financial Disclosure Statement, Plaintiff's Emergency Motion for TRO and Preliminary Injunction, Plaintiff's Brief in Support of Emergency Motion for TRO and Preliminary Injunction, Plaintiff's Request for Immediate Relief or Emergency Hearing, Temporary Restraining Order served on James P. Campbell (RA) on March 4, 2022, filed by Columbia Gas Transmission, LLC. (He, Kang) |
| Filing 10 TRO BOND in the amount of $ $10,000 posted by Columbia Gas Transmission, LLC. (dvanm) |
| Filing 9 Summons Issued as to Kline Development Group, LLC, Kenishca Walizada, NOTICE TO ATTORNEY: Please remove the headers and print two duplexed copies of the electronically issued summons for each Defendant. Please serve one copy of the summons and a copy of the Complaint upon each Defendant. Please ensure that your process server returns the service copy (executed or unexecuted) to your attention and electronically file it using the filing events, Summons Returned Executed or Summons Returned Unexecuted. (Attachments: #1 Notice)(dvanm) |
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Filing 8
TEMPORARY RESTRAINING ORDER. Signed by District Judge Patricia Tolliver Giles on 3/3/2022. (kgall)
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| Case Reassigned to District Judge Patricia Tolliver Giles. District Judge Claude M. Hilton no longer assigned to the case. (jlan) |
| Filing 7 Request for Hearing by Columbia Gas Transmission, LLC re #5 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction , #6 Brief in Support,, Plaintiff's Request for Immediate Relief or Emergency Hearing (He, Kang) |
| Filing 6 Brief in Support to #5 Emergency MOTION for Temporary Restraining Order Emergency MOTION for Preliminary Injunction Plaintiff's Brief in Support of Its Emergency Motion for a Temporary Restraining Order and a Preliminary Injunction filed by Columbia Gas Transmission, LLC. (Attachments: #1 Exhibit A - Redd Declaration, #2 Exhibit B - Stimson Declaration, #3 Exhibit C - Cease and Desist Letter Feb 2022, #4 Exhibit D - SCC Email to Sheriff, #5 Exhibit E - Minimum Guidelines Brochure, #6 Exhibit F - December 13 email, #7 Exhibit G - 1954 Agreement)(He, Kang) |
| Filing 5 Emergency MOTION for Temporary Restraining Order , Emergency MOTION for Preliminary Injunction by Columbia Gas Transmission, LLC. (Attachments: #1 Proposed Order)(He, Kang) |
| Initial Case Assignment to District Judge Claude M. Hilton and Magistrate Judge Theresa Carroll Buchanan. (dvanm) |
| Filing 4 Financial Interest Disclosure Statement (Local Rule 7.1) by Columbia Gas Transmission, LLC. (Holzheimer, Richard) |
| Filing 3 Proposed Summons re #1 Complaint, Kenishca Walizada by Columbia Gas Transmission, LLC. (Holzheimer, Richard) |
| Filing 2 Proposed Summons re #1 Complaint, Kline Development Group, LLC by Columbia Gas Transmission, LLC. (Holzheimer, Richard) |
| Filing 1 Complaint ( Filing fee $ 402, receipt number AVAEDC-8269871.), filed by Columbia Gas Transmission, LLC. (Attachments: #1 Exhibit A - 1954 Agreement, #2 Exhibit B - 1970 Agreement, #3 Exhibit C - Minimum Guidelines Brochure, #4 Exhibit D - Cease and Desist Letter Feb. 2022, #5 Exhibit E - SCC Email to Sheriff, #6 Civil Cover Sheet)(Holzheimer, Richard) |
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