State of New York v. American Electric Power Service Corporation

Federal Civil Lawsuit Ohio Southern District Court, Case No. 2:04-cv-01098
District Judge Edmund A Sargus, presiding
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District Judge Edmund A Sargus
Last Updated January 13, 2019 at 1:21 PM EST (6.1 years ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo Commonwealth of Massachusetts, Plaintiff

Represented by Commonwealth of Massachusetts

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED Frederick D. Augenstern +61772 722 00x2427 +1 617 727 9665 fred.augenstern@ago.state.ma.us
No Logo State Of Connecticut, Plaintiff

Represented by Dept. of Mental Retardation

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jose A. Suarez +1 860 808 5400 +1 860 808 5386 jose.suarez@po.state.ct.us

Represented by Office of the Connecticut Attorney General

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kimberly P. Massicotte +1 860 808 5250 +1 860 808 5386 Kimberly.Massicotte@ct.gov

Represented by Office of the Maryland Attorney General

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Stephen G Vitelli +1 860 808 5250 +1 860 808 5386
No Logo State of Maryland, Plaintiff

Represented by Office of the Maryland Attorney General

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Matthew S Zimmerman +1 410 537 3452 +1 410 527 3943 mzimmerman@mde.md.state.us
No Logo State of New Hampshire, Plaintiff

Represented by Office of the New Hampshire Attorney General

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Maureen D Smith +1 603 271 3679 Maureen.Smith@doj.nh.gov
No Logo State of New Jersey, Plaintiff

Represented by Office of the New York Attorney General

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Michael Joseph Myers +1 518 402 2594 +1 518 473 2534 michael.myers@oag.state.ny.us

Represented by STATE OF NEW JERSEY

Name Phone Fax E-Mail
PRO HAC VICE, ATTORNEY TO BE NOTICED KEVIN P. AUERBACHER +1 609 292 6945 kevin.auerbacher@dol.lps.state.nj.us
ATTORNEY TO BE NOTICED CHRISTINE F. LEWIS +1 609 267 3390 christine.lewis@dol.lps.state.nj.us
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Jon C. Martin +1 609 633 1411 +1 609 341 5031 jon.martin@dol.lps.state.nj.us
No Logo State of New York, Plaintiff

Represented by JobsOhio

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Donell Roy Grubbs +1 614 300 1379 grubbs@jobs-ohio.com

Represented by Office of the New York Attorney General

Name Phone Fax E-Mail
LEAD ATTORNEY, PRO HAC VICE, ATTORNEY TO BE NOTICED D Scott Bassinson +1 518 473 5843 scott.bassinson@oag.state.ny.us
ATTORNEY TO BE NOTICED Michael Joseph Myers +1 518 402 2594 +1 518 473 2534 michael.myers@oag.state.ny.us
ATTORNEY TO BE NOTICED J Jared Snyder +1 518 473 5843 jared.snyder@oag.state.ny.us

Represented by United States Department of Justice

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Leslie Beth Bellas +1 202 616 6515 leslie.bellas@FERC.gov
No Logo State of Rhode Island, Plaintiff

Represented by State of Rhode Island

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Tricia K. Jedele +27 444 00x2400 +2223 222 222 3016 tjedele@riag.ri.gov
No Logo State of Vermont, Plaintiff

Represented by Office of the Vermont Attorney General

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED Kevin O. Leske +1 802 828 6902 +1 802 828 2154 kleske@atg.state.vt.us
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Erick Titrud +1 802 828 5518 +1 802 828 2154 ETitrud@atg.state.vt.us
v.
No Logo American Electric Power Service Corporation, Defendant

Represented by Porter, Wright, Morris & Arthur, LLP

Name Phone Fax E-Mail
LEAD ATTORNEY, ATTORNEY TO BE NOTICED Alvin James McKenna +1 614 227 1945 +1 614 227 2100 amckenna@porterwright.com
No Logo Appalachian Power Company, Defendant
No Logo Columbus Southern Power Company, Defendant
Other Parties
United States of America United States of America, Third Party Plaintiff
Attributes
Citation Section 42 U.S.C. § 7604
Nature of Suit 893 - Environmental Matters
Timeline
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Legal Document (Payment Possibly Required) 78 Filed: 11/8/2013, Entered: None
Transcript of Telephonic Status Conference held on December 19, 2012, before The Honorable Edmund A. Sargus, Jr. NOTICE RE: REDACTION OF TRANSCRIPTS: Within 5 business days of this filing, each party shall inform the Court, by filing a Notice of Redaction, of the party's intent to redact personal data identifiers from the electronic transcript of the court proceeding. The policy is located on our website at www.ohsd.uscourts.gov (Forms - Electronic Availability of Transcripts). Please read this policy carefully. For a complete copy of a transcript, please contact the Court Reporter or the Clerk's Office. (sr) (Entered: 11/08/2013)
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Legal Document (Payment Possibly Required) 77 Filed: 4/5/2010, Entered: None Court Filing
JOINT MODIFICATION TO CONSENT DECREE WITH ORDER MODIFYING CONSENT DECREE. Signed by Judge Edmund A Sargus on 04/05/2010. (dh) (Entered: 04/05/2010)
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Legal Document (Payment Possibly Required) 76 Filed: 10/9/2007, Entered: None Court Filing
ORDER granting Joint Motion to Consolidate Cases. Signed by Judge Gregory L Frost on 10/9/07. (sem1, ) (Entered: 10/09/2007)
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Legal Document (Payment Possibly Required) 75 Filed: 8/7/2007, Entered: None Court Filing
ORDER granting 74 Plaintiff's Motion for Extension of Time of Deadlines in Case Schedule; In the absence of a settlement, an In-Chambers Scheduling Conference is scheduled for 10/19/07 at 12:00 p.m.. Signed by Judge Gregory L Frost on 8/7/07. (sem1, ) (Entered: 08/07/2007)
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Legal Document (Payment Possibly Required) 74 Filed: 8/6/2007, Entered: None
Unopposed MOTION for Extension of Time New date requested 10/9/2007. by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont, ThirdParty Plaintiff United States Of America. (Myers, Michael) (Entered: 08/06/2007)
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Legal Document (Payment Possibly Required) 73 Filed: 6/28/2007, Entered: None Court Filing
ORDER granting 72 Plaintiffs' Motion for Extension of Time, until 8/10/07, to file dispositive motions; Memo in Oppositions are due by 9/10/07; Replies are due 10/1/07; Non-oral hearing on all dispositive motions is rescheduled for 10/9/07. Signed by Judge Gregory L Frost on 6/28/07. (sem1, ) (Entered: 06/28/2007)
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Legal Document (Payment Possibly Required) 72 Filed: 6/28/2007, Entered: None
Unopposed MOTION for Extension of Time New date requested 8/10/2007. To File Dispositive Motions by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont, ThirdParty Plaintiff United States Of America. (Bellas, Leslie) (Entered: 06/28/2007)
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Legal Document (Payment Possibly Required) 71 Filed: 6/20/2007, Entered: None Court Filing
ORDER granting 70 Plaintiffs' Motion for Extension of Time, until 7/13/07, to file any Dispositive Motion; Any memo in opposition is due on 8/13/07; Any reply is due on 9/4/07; Non-oral hearing on said motions is reset for 9/7/07. Signed by Judge Gregory L Frost on 6/20/07. (sem1, ) (Entered: 06/20/2007)
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Legal Document (Payment Possibly Required) 70 Filed: 6/19/2007, Entered: None
MOTION for Extension of Time New date requested 7/13/2007. Unopposed Motion for Extension by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (Bellas, Leslie) (Entered: 06/19/2007)
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Legal Document (Payment Possibly Required) 69 Filed: 4/23/2007, Entered: None Court Filing
REVISED SCHEDULING ORDER: Dispositive Motions on issue of liability due by 6/29/2007; Memoranda in Opposition due by 7/30/07; Reply Memoranda due by 8/21/07; Non-oral hearing on dispositive motions on issue of liability set for 8/31/07; Motions in Limine due by 1/28/08; Memoranda in Opposition due by 2/11/08; Reply Memoranda due by 2/19/08; Non-oral hearing on Motions in Lime set for 2/22/08; Trial to the Court set for 4/21/2008 09:00 AM in Courtroom 4 before Gregory L Frost; Final Pretrial Conference set for 3/18/2008 12:00 PM in chambers before Gregory L Frost. Signed by Judge Gregory L Frost on 4/23/07. (sem1, ) (Entered: 04/23/2007)
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Legal Document (Payment Possibly Required) 68 Filed: 4/3/2007, Entered: None Court Filing
ORDER Telephone Status Conference set for 4/20/2007 10:00 AM before Gregory L Frost. Counsel for United States shall initiate the conference call. Signed by Judge Gregory L Frost on 4/3/07. (ksh, ) (Entered: 04/03/2007)
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Legal Document (Payment Possibly Required) 67 Filed: 4/2/2007, Entered: None
ThirdParty Plaintiff United States Of America's Notice of Supplemental Authority (Attachments: # 1 Attachment A)(Bellas, Leslie) (Entered: 04/02/2007)
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Legal Document (Payment Possibly Required) 66 Filed: 2/20/2007, Entered: None Court Filing
ORDER re 2/20/07 Status Conference: Case stayed until issuance of the United States Supreme Court's decision in Environmental Defense v. Duke Energy Corporation.. Signed by Judge Gregory L Frost on 2/20/07. (sem1, ) (Entered: 02/20/2007)
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Legal Document (Payment Possibly Required) 65 Filed: 2/15/2007, Entered: None Court Filing
ORDER denying 54 Defendants' Motion for Partial Summary Judgment . Signed by Judge Gregory L Frost on 2/15/07. (sem1, ) (Entered: 02/15/2007)
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Legal Document (Payment Possibly Required) 64 Filed: 8/21/2006, Entered: None
REPLY to Response to Motion re 54 MOTION for Partial Summary Judgment On The Legal Standard For Determining Whether A Project Qualifies For The Routine Maintenance, Repair, Or Replacement Exclusion filed by Defendants American Electric Power Service Corporation, Columbus Southern Power Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6)(McKenna, Alvin) (Entered: 08/21/2006)
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Legal Document (Payment Possibly Required) 63 Filed: 8/7/2006, Entered: None
RESPONSE in Opposition re 54 MOTION for Partial Summary Judgment filed by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(Myers, Michael) (Entered: 08/07/2006)
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Legal Document (Payment Possibly Required) 62 Filed: 7/18/2006, Entered: None
NOTICE of filing deposition transcripts filed by Defendants American Electric Power Service Corporation, Appalachian Power Company, Columbus Southern Power Company re 54 MOTION for Partial Summary Judgment Defendants' Filing of Depositions (Attachments: # 1 Exhibit Hekking# 2 Exhibit Schulz# 3 Exhibit Trial Transcript)(McKenna, Alvin) (Entered: 07/18/2006)
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Legal Document (Payment Possibly Required) 61 Filed: 7/17/2006, Entered: None Court Filing
ORDER granting 59 Plantiffs' Motion to Clarify the 6/8/06 Order. Signed by Judge Gregory L Frost on 7/17/06. (sem1, ) (Entered: 07/17/2006)
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Legal Document (Payment Possibly Required) 60 Filed: 7/14/2006, Entered: None Court Filing
ORDER granting 58 Plaintiffs' Motion for Extension of Time to File Response re 54 MOTION for Partial Summary Judgment. Response due by 8/7/2006 Reply due by 8/21/2006. Non-oral hearing on said motion reset for 8/22/06. Signed by Judge Gregory L Frost on 7/14/06. (sem1, ) (Entered: 07/14/2006)
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Legal Document (Payment Possibly Required) 59 Filed: 7/14/2006, Entered: None
MOTION to Clarify 52 Order, 53 Sealed Document by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3)(Bellas, Leslie) (Entered: 07/14/2006)
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Legal Document (Payment Possibly Required) 58 Filed: 7/13/2006, Entered: None
Unopposed MOTION for Extension of Time to File Response as to 54 MOTION for Partial Summary Judgment, new date requested 8/7/2006, filed by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (Bellas, Leslie) (Entered: 07/13/2006)
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Legal Document (Payment Possibly Required) 57 Filed: 7/6/2006, Entered: None Court Filing
ORDER re 54 MOTION for Partial Summary Judgment filed by Columbus Southern Power Company; Non-oral hearing on said motion set for 8/14/2006. Signed by Judge Gregory L Frost on 7/6/06. (sem1, ) (Entered: 07/06/2006)
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Legal Document (Payment Possibly Required) 56 Filed: 7/3/2006, Entered: None
EXHIBITS Pertaining to 54 Defendant's Motion For Partial Summary Judgment On The Legal Standard For Determining Whether A Project Qualifies For The Routine Maintenance, Repair, Or Replacement Exclusion by Defendant American Electric Power Service Corporation. (Attachments: # 1 Exhibit 39 # 2 Exhibit 40 # 3 Exhibit 41 # 4 Exhibit 42 # 5 Exhibit 43 # 6 Exhibit 44 # 7 Exhibit 45A # 8 Exhibit 45B # 9 Exhibit 46 # 10 Exhibit 47)(er ) (Entered: 07/05/2006)
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Legal Document (Payment Possibly Required) 55 Filed: 7/3/2006, Entered: None
EXHIBITS Pertaining to 54 Defendant's Motion For Partial Summary Judgment on the Legal Standard For Determining Whether a Project Qualifies For The Routine Maintenance, Repair, Or Replacement Exclusion by Defendant American Electric Power Service Corporation. (Attachments: # 1 Exhibit 21 # 2 Exhibit 22 # 3 Exhibit 23 # 4 Exhibit 24A # 5 Exhibit 24B # 6 Exhibit 25A # 7 Exhibit 25B # 8 Exhibit 26 # 9 Exhibit 27 # 10 Exhibit 28 # 11 Exhibit 29 # 12 Exhibit 30 # 13 Exhibit 31 # 14 Exhibit 32 # 15 Exhibit 33 # 16 Exhibit 34 # 17 Exhibit 35 # 18 Exhibit 36 # 19 Exhibit 37 # 20 Exhibit 38A # 21 Exhibit 38B # 22 Exhibit 38C # 23 Exhibit 38D # 24 Exhibit 38E # 25 Exhibit 38F # 26 Exhibit 38G # 27 Exhibit 38H)(er ) (Entered: 07/05/2006)
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Legal Document (Payment Possibly Required) 54 Filed: 7/3/2006, Entered: None
MOTION for Partial Summary Judgment on the Legal Standard for Determing Whether a Project Qualifies for the Routine Maintenance, Repair, or Replacement Exclusion by Defendant Columbus Southern Power Company. Responses due by 7/27/2006 (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 # 11 Exhibit 11 # 12 Exhibit 12 # 13 Exhibit 13 # 14 Exhibit 14 # 15 Exhibit 15 # 16 Exhibit 16 # 17 Exhibit 17 # 18 Exhibit 18 # 19 Exhibit 19 # 20 Exhibit 20)(er ) (Entered: 07/03/2006)
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Sealed Legal Document 53 Filed: 6/8/2006, Entered: None
Sealed Redacted Documents per the Court's 6/8/06 Order (Attachments: # 1 # 2 # 3 # 4 # 5 # 6 # 7 # 8 # 9)(sem1, ) (Entered: 06/08/2006)
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Legal Document (Payment Possibly Required) 52 Filed: 6/8/2006, Entered: None Court Filing
ORDER regarding the redacted discovery material. Signed by Judge Gregory L Frost on 6/8/06. (sem, ) (Entered: 06/08/2006)
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Sealed Legal Document 51 Filed: 6/2/2006, Entered: None
Sealed Document.Redacted (rew1, ) . (Entered: 06/07/2006)
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Sealed Legal Document 50 Filed: 6/2/2006, Entered: None
Sealed Document. Unredacted (rew1, ) . (Entered: 06/07/2006)
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Legal Document (Payment Possibly Required) 49 Filed: 6/2/2006, Entered: None
NOTICE by Defendants American Electric Power Service Corporation, Appalachian Power Company, Columbus Southern Power Company re 47 Order on Motion to Compel Notice of Manual Filing of Documents Under Seal (McKenna, Alvin) (Entered: 06/02/2006)
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Legal Document (Payment Possibly Required) 48 Filed: 6/1/2006, Entered: None Court Filing
ORDER granting 22 Motion to Dismiss and denying 41 State Plaintiffs' Motion for Reconsideration; The Court DISMISSES WITHOUT PREJUDICE Count One of the Complaint and DISMISSES APCo as a party to C2-04-1098 . Signed by Judge Gregory L Frost on 6/1/06. (sem, ) (Entered: 06/01/2006)
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Legal Document (Payment Possibly Required) 47 Filed: 5/26/2006, Entered: None Court Filing
ORDER granting 42 Plaintiffs' Motion to Compel . Signed by Judge Gregory L Frost on 5/26/06. (sem, ) (Entered: 05/26/2006)
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Legal Document (Payment Possibly Required) 46 Filed: 5/10/2006, Entered: None
REPLY to Response to Motion re 42 MOTION to Compel filed by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (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)(Bellas, Leslie) (Entered: 05/10/2006)
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Legal Document (Payment Possibly Required) 45 Filed: 5/9/2006, Entered: None
REPLY to Response to Motion re 41 MOTION for Reconsideration re 39 Order, filed by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (Myers, Michael) (Entered: 05/09/2006)
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Legal Document (Payment Possibly Required) 44 Filed: 5/3/2006, Entered: None
RESPONSE in Opposition re 42 MOTION to Compel filed by Defendants American Electric Power Service Corporation, Appalachian Power Company, Columbus Southern Power Company. (Attachments: # 1 Exhibit 1# 2 Exhibit 2)(McKenna, Alvin) (Entered: 05/03/2006)
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Legal Document (Payment Possibly Required) 43 Filed: 5/3/2006, Entered: None
RESPONSE in Opposition re 41 MOTION for Reconsideration re 39 Order, filed by Defendants American Electric Power Service Corporation, Appalachian Power Company, Appalachian Power Company, Columbus Southern Power Company, Columbus Southern Power Company. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D)(McKenna, Alvin) (Entered: 05/03/2006)
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Legal Document (Payment Possibly Required) 42 Filed: 4/19/2006, Entered: None
MOTION to Compel by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (Attachments: # 1 Attachment 1# 2 Supplement Plaintiffs' Memorandum in Support of Motion to Compel# 3 Exhibit 1# 4 Exhibit 2# 5 Exhibit 3# 6 Exhibit 4# 7 Exhibit 5# 8 Exhibit 6# 9 Exhibit 7# 10 Exhibit 8# 11 Exhibit 9a# 12 Exhibit 9b# 13 Exhibit 10a# 14 Exhibit 10b# 15 Exhibit 11# 16 Exhibit 12# 17 Exhibit 13)(Bellas, Leslie) (Entered: 04/19/2006)
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Legal Document (Payment Possibly Required) 41 Filed: 4/19/2006, Entered: None
MOTION for Reconsideration re 39 Order, by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (Myers, Michael) (Entered: 04/19/2006)
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Legal Document (Payment Possibly Required) 40 Filed: 4/5/2006, Entered: None Court Filing
SCHEDULING ORDER: Primary Expert due by 10/30/2006. Rebuttal Expert due by 12/15/2006. Discovery due by 1/30/2007. Dispositive motions due by 3/15/2007. Non-oral hearing on all dispositive motions set for 5/14/07. Final Pretrial Conference is set for 11/9/07 at 9:00 a.m.; Trial to the Court is set for 12/10/07 at 9:00 a.m.. Signed by Judge Gregory L Frost on 4/5/06. (sem1, ) (Entered: 04/05/2006)
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Legal Document (Payment Possibly Required) 39 Filed: 3/29/2006, Entered: None Court Filing
ORDER that STAYS entering a decision on the MOTION to Dismiss First Claim for Relief and to Dismiss Appalachian Power Company 22 filed by Columbus Southern Power Company,, American Electric Power Service Corporation,, Appalachian Power Company until the 4/5/06 status conference . Signed by Judge Gregory L Frost on 3/29/06. (sem, ) (Entered: 03/29/2006)
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Legal Document (Payment Possibly Required) 38 Filed: 3/21/2006, Entered: None Court Filing
ORDER denying 27 Defendants' Motion to Stay and granting 36 the State Plaintiffs' Motion for Extension of Time to File Expert Reports and Disclosures and granting 37 Joint Motion to Establish Uniform Schedule for Discovery and Dispositive Motions; In-person Status Conference is set for 4/5/06 at 9:00 a.m. in Courtroom #4 . Signed by Judge Gregory L Frost on 3/21/06. (sem, ) (Entered: 03/21/2006)
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Legal Document (Payment Possibly Required) 37 Filed: 3/16/2006, Entered: None
Joint MOTION establishment of uniform schedule for discovery and dispositive motions by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont, ThirdParty Plaintiff United States Of America, Defendants American Electric Power Service Corporation, Appalachian Power Company, Appalachian Power Company, Columbus Southern Power Company, Columbus Southern Power Company. (Myers, Michael) (Entered: 03/16/2006)
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Legal Document (Payment Possibly Required) 36 Filed: 3/16/2006, Entered: None
Unopposed MOTION for Extension of Time to File New date requested 6/30/2006. Unopposed Motion to Extend Deadline for Filing Expert Reports and Disclosures by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (Myers, Michael) (Entered: 03/16/2006)
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Legal Document (Payment Possibly Required) 35 Filed: 2/8/2006, Entered: None Court Filing
ORDER OF RECUSAL. Judge John D. Holschuh recused. Case reassigned to Judge Gregory L Frost and Norah McCann King for all further proceedings. Signed by Judge John D. Holschuh on 2/8/06. (er ) (Entered: 02/08/2006)
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Legal Document (Payment Possibly Required) 34 Filed: 2/7/2006, Entered: None Court Filing
ORDER directing case to be reassigned in a random draw to achieve a random district judge assignment, along with consolidated case C2-05-360. The Magistrate Judge does not change. Signed by Judge Edmund A Sargus on 02/06/06. (dh) (Entered: 02/07/2006)
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Legal Document (Payment Possibly Required) 33 Filed: 1/6/2006, Entered: None Court Filing
ORDER: Cases 2:04-cv-1098 and 2:05-cv-360 are consolidated. all future filings shall be made in both actions, but the case will proceed before the judicial officers assigned to Case No. 2:04-cv-1098. Motion for reconsideration sue w/in ten (10) days. Responses due w/in ten (10) days, replies due seven (7) days thereafter. Signed by Judge Terence P Kemp on 01/06/06. (jm, ) (Entered: 01/06/2006)
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Legal Document (Payment Possibly Required) 32 Filed: 1/4/2006, Entered: None Court Filing
ORDER defendants respones to plaintiff discovery due 1/24/06. Plaintiff expert reports is extended to 3/21/06. Signed by Judge Norah McCann King on 1/04/06. (rew ) (Entered: 01/05/2006)
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Legal Document (Payment Possibly Required) 31 Filed: 1/4/2006, Entered: None
REPLY to Response to Motion re 27 MOTION to Stay and Memorandum in Opposition to Motion to Consolidate this Case with Case No. C2-05-360 in Futher Support of Defendants' Cross-Motion for Stay filed by Defendants American Electric Power Service Corporation, Appalachian Power Company, Columbus Southern Power Company. (Attachments: # 1 Exhibit A)(McKenna, Alvin) (Entered: 01/04/2006)
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Legal Document (Payment Possibly Required) 30 Filed: 12/23/2005, Entered: None
RESPONSE in Support re 27 MOTION to Stay and Memorandum in Opposition to Motion to Consolidate this Case with Case No. C2-05-360 filed by ThirdParty Plaintiff United States Of America. (Attachments: # 1)(Bellas, Leslie) (Entered: 12/23/2005)
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Legal Document (Payment Possibly Required) 29 Filed: 12/23/2005, Entered: None
RESPONSE in Support re 27 MOTION to Stay and Memorandum in Opposition to Motion to Consolidate this Case with Case No. C2-05-360 C2-05-360. (Attachments: # 1)(Bellas, Leslie) (Entered: 12/23/2005)
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Legal Document (Payment Possibly Required) 28 Filed: 12/21/2005, Entered: None
RESPONSE in Opposition re 27 MOTION to Stay and Memorandum in Opposition to Motion to Consolidate this Case with Case No. C2-05-360 filed by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (Myers, Michael) (Entered: 12/21/2005)
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Legal Document (Payment Possibly Required) 27 Filed: 12/12/2005, Entered: None
MOTION to Stay and Memorandum in Opposition to Motion to Consolidate this Case with Case No. C2-05-360 by Defendants American Electric Power Service Corporation, Appalachian Power Company, Columbus Southern Power Company. (Attachments: # 1 Exhibit Ex. A# 2 Exhibit Ex. B# 3 Exhibit Ex. C# 4 Exhibit Ex. D# 5 Exhibit Ex. E)(McKenna, Alvin) (Entered: 12/12/2005)
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Legal Document (Payment Possibly Required) 26 Filed: 12/5/2005, Entered: None
REPLY to Response to Motion re 22 MOTION to Dismiss First Claim for Relief and to Dismiss Appalachian Power Company filed by Defendants American Electric Power Service Corporation, Appalachian Power Company, Columbus Southern Power Company. (McKenna, Alvin) (Entered: 12/05/2005)
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Legal Document (Payment Possibly Required) 25 Filed: 11/21/2005, Entered: None
RESPONSE in Opposition re 22 MOTION to Dismiss First Claim for Relief and to Dismiss Appalachian Power Company filed by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (Myers, Michael) (Entered: 11/21/2005)
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Legal Document (Payment Possibly Required) 24 Filed: 11/7/2005, Entered: None Court Filing
ORDER granting # 23 Motion for Michael J. Myers to appear pro hac vice on behalf of plaintiff State of New York. Signed by Judge Norah McCann King on 11/07/05. (rew) (Entered: 11/07/2005)
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Legal Document (Payment Possibly Required) 23 Filed: 11/3/2005, Entered: None
MOTION for admission of Michael. J. Myers to appear pro hac vice on behalf of Plaintiff State of New York. (rew) (Entered: 11/04/2005)
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Legal Document (Payment Possibly Required) 22 Filed: 10/27/2005, Entered: None
MOTION to Dismiss First Claim for Relief and to Dismiss Appalachian Power Company by Defendants American Electric Power Service Corporation, Appalachian Power Company, Appalachian Power Company, Columbus Southern Power Company, Columbus Southern Power Company. Responses due by 11/21/2005 (Attachments: # 1 Exhibit Affidavit)(McKenna, Alvin) (Entered: 10/27/2005)
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Legal Document (Payment Possibly Required) 21 Filed: 9/22/2005, Entered: None Court Filing
CONTINUED PRELIMINARY PRETRIAL ORDER: motions addressing jurisdiction or venue by 10/31/2005. Joinder of Parties due by 11/13/2005. Motions to Amend due by 11/13/2005. Primary Expert due by 1/20/2006. Rebuttal Expert due by 4/1/2006. Discovery due by 6/15/2006. Dispositive motions due by 8/1/2006. A continued preliminary pretrial conference will be held, if otherwise appropriate, following resolution of the liability issues. Settlement negotiations are on-going.. Signed by Judge Norah McCann King on 9/22/05. (jdm, ) (Entered: 09/22/2005)
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Legal Document (Payment Possibly Required) 20 Filed: 8/2/2005, Entered: None
NOTICE of Hearing: The Continued Preliminary Pretrial Conference set for 9/29/2005 @ 1:30 pm has been rescheduled. The Continued Preliminary Pretrial Conference is now set for 9/21/2005 @ 01:30 PM in chambers before Norah McCann King. (jdm, ) (Entered: 08/02/2005)
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Legal Document (Payment Possibly Required) 19 Filed: 8/1/2005, Entered: None
NOTICE of Hearing: A Continued Preliminary Pretrial Conference is set for 9/29/2005 @ 01:30 PM in chambers before Norah McCann King. (jdm, ) (Entered: 08/01/2005)
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Legal Document (Payment Possibly Required) 18 Filed: 6/22/2005, Entered: None Court Filing
ORDER granting 17 Motion for Matthew S. Zimmerman to Appear pro hac vice on behalf of State of Maryland. Signed by Judge Norah McCann King on 06/21/05. (jm) (Entered: 06/22/2005)
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Legal Document (Payment Possibly Required) 17 Filed: 6/17/2005, Entered: None
MOTION for Leave to Appear Pro Hac Vice as co-counsel by attorney Matthew S Zimmerman for Plaintiff State of Maryland (phv fee pd). (sem, ) (Entered: 06/21/2005)
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Legal Document (Payment Possibly Required) 16 Filed: 4/8/2005, Entered: None Court Filing
PRELIMINARY PRETRIAL ORDER: Global settlement discussions are currently scheduled for April 7 and 8, 2005. The parties agree not to make initial disclosures under R.R. Civ. P. 26(a)(1). A continued preliminary pretrial conference will be held if settlement discussions reach inpasse. Signed by Judge Norah McCann King on 04/08/05. (jm) (Entered: 04/08/2005)
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Legal Document (Payment Possibly Required) 15 Filed: 3/31/2005, Entered: None
RULE 26(f) REPORT by Plaintiff State of New York. (Bassinson, D) (Entered: 03/31/2005)
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Legal Document (Payment Possibly Required) 14 Filed: 3/25/2005, Entered: None Court Filing
ORDER re 10 Order to Show Cause, is ORDERED STRICKEN from the record. Signed by Judge Norah McCann King on 03/25/05. (jm) (Entered: 03/25/2005)
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Legal Document (Payment Possibly Required) 13 Filed: 3/25/2005, Entered: None
WAIVER OF SERVICE Returned Executed Columbus Southern Power Company waiver sent on 11/29/2004, answer due 1/28/2005. (Bassinson, D) (Entered: 03/25/2005)
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Legal Document (Payment Possibly Required) 12 Filed: 3/25/2005, Entered: None
WAIVER OF SERVICE Returned Executed Appalachian Power Company waiver sent on 11/29/2004, answer due 1/28/2005. (Bassinson, D) (Entered: 03/25/2005)
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Legal Document (Payment Possibly Required) 11 Filed: 3/25/2005, Entered: None
WAIVER OF SERVICE Returned Executed American Electric Power Service Corporation waiver sent on 11/29/2004, answer due 1/28/2005. (Bassinson, D) (Entered: 03/25/2005)
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Legal Document (Payment Possibly Required) 10 Filed: 3/24/2005, Entered: None Court Filing
Plaintiffs are ORDERED to show cause, no later than April 8, 2005, why the case should not be dismissed for failure to effect timely service of process. Signed by Judge Norah McCann King on 03/23/05. (jm) (Entered: 03/24/2005)
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Legal Document (Payment Possibly Required) 9 Filed: 3/4/2005, Entered: None
NOTICE of Hearing: The preliminary pretrial conference set for 3/23/2005 @ 3:00 pm has been rescheduled. The Preliminary Pretrial Conference is now set for 4/8/2005 @ 01:30 PM in chambers before Norah McCann King. (jdm, ) (Entered: 03/04/2005)
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Legal Document (Payment Possibly Required) 8 Filed: 2/23/2005, Entered: None Court Filing
ORDER granting 7 Motion for Leave to Appear pro hac vice. Each attorney who has been admitted shal promptly comply with the Court's Electronic Filing Policies and Procedures Manual for civil cases. The Court may elect to send notices only to local counsel if local counsel, but not pro hac vice counsel, is authorized to receive electronic notices. Signed by Judge Norah McCann King on 02/23/05. (jm) (Entered: 02/23/2005)
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Legal Document (Payment Possibly Required) 7 Filed: 2/18/2005, Entered: None
MOTION for Leave to Appear Pro Hac Vice by Plaintiffs State of New Hampshire, State of Maryland, State of Rhode Island, Commonwealth of Massachusetts, State of New York, State of New Jersey, State of Connecticut, State of Vermont. (Attachments: # 1 Declaration of D. Scott Bassinson # 2 Declaration of Kevin P. Auerbacher # 3 Declaration of Christine F. Lewis # 4 Declaration of Jon C. Martin # 5 Declaration of Jean P. Reilly # 6 Declaration of Jose A. Suarez # 7 Declaration of Kimberly P. Massicotte # 8 Declaration of Stephen G. Vitelli # 9 Declaration of Erick Titrud # 10 Declaration of Kevin O. Leske # 11 Declaration of Maureen D. Smith # 12 Declaration of K. Allen Brooks # 13 Declaration of Tricia K. Jedele # 14 Declaration of Frederick D. Augenstern)(er ) (Entered: 02/21/2005)
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Legal Document (Payment Possibly Required) 6 Filed: 2/1/2005, Entered: None
NOTICE of Hearing: Pretrial Conference set for 3/23/2005 @ 03:00 PM in chambers before Norah McCann King. (Attachments: # 1 # 2 # 3)(jdm, ) (Entered: 02/01/2005)
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Legal Document (Payment Possibly Required) 5 Filed: 1/31/2005, Entered: None
CORPORATE DISCLOSURE STATEMENT by Defendants American Electric Power Service Corporation, Appalachian Power Company, Columbus Southern Power Company. (McKenna, Alvin) (Entered: 01/31/2005)
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Legal Document (Payment Possibly Required) 4 Filed: 1/31/2005, Entered: None
ANSWER to Complaint by Defendants American Electric Power Service Corporation, Appalachian Power Company, Columbus Southern Power Company.(McKenna, Alvin) (Entered: 01/31/2005)
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Legal Document (Payment Possibly Required) 3 Filed: 12/2/2004, Entered: None Court Filing
ORDER REASSIGNING CASE. Case reassigned to Judge Edmund A Sargus for all further proceedings. Judge George C. Smith no longer assigned to case. Signed by Judge George C Smith and Judge Edmund A Sargus on 12/2/04. (aq) (Entered: 12/02/2004)
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Legal Document (Payment Possibly Required) 2 Filed: 11/18/2004, Entered: None
Summons Issued as to American Electric Power Service Corporation, Appalachian Power Company, Columbus Southern Power Company. (jm) (Entered: 11/19/2004)
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Legal Document (Payment Possibly Required) 1 Filed: 11/18/2004, Entered: None
COMPLAINT against American Electric Power Service Corporation, Appalachian Power Company, Columbus Southern Power Company (Filing fee paid $ 150.00 receipt #244184.) , filed by Plaintiffs Commonwealth of Massachusetts, State of Connecticut, State of Maryland, State of New Hampshire, State of New Jersey, State of New York, State of Rhode Island, State of Vermont.(jm, ) (Entered: 11/19/2004)
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