APPALACHIAN VOICES v. DUKE ENERGY CAROLINAS, LLC

Federal Civil Lawsuit North Carolina Middle District Court, Case No. 1:17-cv-01097
District Judge LORETTA C. BIGGS, presiding
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District Judge LORETTA C. BIGGS
Last Updated July 29, 2025 at 4:52 AM EDT (3.4 months ago) Update UpdateSpaceE-Mail Alert AlertsSpaceJump Jump
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Parties
No Logo APPALACHIAN VOICES, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space MYRA DEAN BLAKE mblake@selcnc.org
Space CHRISTOPHER J. BOWERS cbowers@selcga.org
Space BRIAN L. GIST bgist@selcga.org
Space Leslie Griffith lgriffith@selcnc.org
Space FRANK S. HOLLEMAN , III fholleman@selcnc.org
Space MEGAN E. KIMBALL mkimball@selcnc.org
Space Nicholas S. Torrey ntorrey@selcnc.org

Represented by Direct: 828-258-2023

Name Phone Fax E-Mail
, , , , , Myra Dean Blake +1 919 967 1450 +1 919 929 9421 mblake@selcnc.org
, , LESLIE GRIFFITH +1 919 967 1450 +1 919 929 9421 lgriffith@selcnc.org
, , Frank S. Holleman, III +1 919 945 7124 +1 919 929 9421 fholleman@selcnc.org
, , Nicholas S. Torrey +1 919 967 1450 +1 919 929 9421 ntorrey@selcnc.org

Represented by EARTHJUSTICE

Name Phone Fax E-Mail
ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, LEAD ATTORNEY, ATTORNEY TO BE N Jennifer C. Chavez +2026 674 500 x208 jchavez@earthjustice.org
, , , , , , , , , , , , , , , , , , , , , Emma C. Cheuse +1 202 667 2356 echeuse@earthjustice.org
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED Abigail M Dillen +1 406 579 9844 +1 406 586 9695 adillen@earthjustice.org
ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED, PRO HAC VICE, ATTORNEY TO BE NOTICED Lisa Gollin Evans +1 781 631 4119 levans@earthjustice.org
, , , , , , , , , , Neil E. Gormley +1 202 797 5239 +1 202 797 2356 ngormley@earthjustice.org
ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, LEAD ATTORNEY, ATTORNEY TO BE NOTICED, PRO HAC VICE, Bridget M. Lee +1 212 791 1881 +1 212 918 1556 blee@earthjustice.org
No Logo STOKES COUNTY BRANCH OF THE NAACP, Plaintiff

Represented by Unknown Firm

Name Phone Fax E-Mail
Space MYRA DEAN BLAKE mblake@selcnc.org
Space CHRISTOPHER J. BOWERS cbowers@selcga.org
Space BRIAN L. GIST bgist@selcga.org
Space Leslie Griffith lgriffith@selcnc.org
Space FRANK S. HOLLEMAN , III fholleman@selcnc.org
Space MEGAN E. KIMBALL mkimball@selcnc.org
Space Nicholas S. Torrey ntorrey@selcnc.org

Represented by Direct: 828-258-2023

Name Phone Fax E-Mail
, , , , , Myra Dean Blake +1 919 967 1450 +1 919 929 9421 mblake@selcnc.org
, , LESLIE GRIFFITH +1 919 967 1450 +1 919 929 9421 lgriffith@selcnc.org
, , Frank S. Holleman, III +1 919 945 7124 +1 919 929 9421 fholleman@selcnc.org
, , Nicholas S. Torrey +1 919 967 1450 +1 919 929 9421 ntorrey@selcnc.org
v.
No Logo Duke Energy Carolinas, LLC, Defendant

Represented by Hunton & Williams LLP

Name Phone Fax E-Mail
Space Brent Alan Rosser +1 704 378 4707 +1 704 331 5146 brosser@hunton.com

Represented by HUNTON ANDREWS KURTH LLP

Name Phone Fax E-Mail
Space NASH E. LONG , III nlong@HuntonAK.com
Space EMMA C. MERRITT emerritt@HuntonAK.com
Space Melissa A. Romanzo mromanzo@huntonak.com
Other Parties
No Logo NORTH CAROLINA STATE CONFERENCE OF THE NAACP, Movant

Represented by Unknown Firm

Name Phone Fax E-Mail
Space MYRA DEAN BLAKE mblake@selcnc.org
Space CHRISTOPHER J. BOWERS cbowers@selcga.org
, , , , , Mary Joyce Carlson +1 202 230 4096 carlsonmjj@yahoo.com
Space BRIAN L. GIST bgist@selcga.org
Space Leslie Griffith lgriffith@selcnc.org
Space FRANK S. HOLLEMAN , III fholleman@selcnc.org
Space MEGAN E. KIMBALL mkimball@selcnc.org
Space Nicholas S. Torrey ntorrey@selcnc.org

Represented by Advancement Project

Name Phone Fax E-Mail
, , , , , , , , , , , , , , , , , , , , PENDA DENISE HAIR +1 202 728 9557 +1 202 728 9558 phair@advancementproject.org
, , , , , , , , , , , JADINE C. JOHNSON +1 202 728 9557 +1 202 728 9558 jjohnson@advancementproject.org
, , , , , , , , , , , , , , , , , , , , Donita Judge +1 202 728 9557 +1 202 728 9558 djudge@advancementproject.org
, , , , , , , , , , , , , , , , , , , , Denise D. Lieberman +1 314 780 1833 +1 202 728 9558 dlieberman@advancementproject.org
, , , , , , , , , , , JASMYN G. RICHARDSON +1 202 728 9557 +1 202 728 9558 jrichardson@advancementproject.org
, , , , , , , , , , , CAITLIN SWAIN-MCSURELY +1 202 728 9557 +1 202 728 9558 CSwain@advancementproject.org

Represented by Altshuler Berzon LLP

Name Phone Fax E-Mail
, , , , , Eric P Brown +1 415 421 7151 +1 415 362 8064 ebrown@altber.com
, , , , , Connie K. Chan +1 415 421 7151 +1 415 362 8064 cchan@altshulerberzon.com
, , , , , STACEY MONICA LEYTON +1 415 421 7151 +1 415 362 8064 sleyton@altber.com
, , , , , Peder J.V. Thoreen +1 415 421 7151 +1 415 362 8064 pthoreen@altber.com

Represented by Direct: 828-258-2023

Name Phone Fax E-Mail
, , , , , Myra Dean Blake +1 919 967 1450 +1 919 929 9421 mblake@selcnc.org
, , LESLIE GRIFFITH +1 919 967 1450 +1 919 929 9421 lgriffith@selcnc.org
, , Frank S. Holleman, III +1 919 945 7124 +1 919 929 9421 fholleman@selcnc.org
, , Nicholas S. Torrey +1 919 967 1450 +1 919 929 9421 ntorrey@selcnc.org

Represented by Forward Justice

Name Phone Fax E-Mail
, , , , , LEAH J. KANG +1 551 486 6579 lkang@forwardjustice.org

Represented by Kirkland & Ellis LLP

Name Phone Fax E-Mail
, , , , , , , , , , , , , , , , , , , , Kenneth Winn Allen +1 202 879 5078 +1 202 654 9648 winn.allen@kirkland.com
, , , , , , , , , , , , , , , , , Ronald Kenneth Anguas +1 202 879 5091 ronald.anguas@kirkland.com
, , , , , , , , , , , , JENNIFER R. BASCH +1 212 446 5926 +1 212 446 6460 jennifer.basch@kirkland.com
, , , , , , , , , , , , , , , , , , , , Susan M. Davies +1 202 879 5000 +1 202 879 5200 susan.davies@kirkland.com
, , , , , , , , , , , , , , , , , , , , Daniel Thomas Donovan +1 202 879 5174 +1 202 879 5200 daniel.donovan@dc.kirkland.com
, , , , , , , , , , , , Michael Adam Glick +1 202 879 5000 +1 202 879 5100 michael.glick@kirkland.com
, , , , , , , , , , , , , , CHRISTOPHER J. MANER +1 202 879 5944 +1 202 879 5200 christopher.maner@kirkland.com
, , , , , , , , , , , , MADELYN A. MORRIS +1 212 446 4680 +1 212 446 6460 Madelyn.Morris@kirkland.com
, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , UZOMA N. NKWONTA +1 202 879 5259 +1 202 879 5200 uzoma.nkwonta@kirkland.com
, , , , , , , , , , , , , , , , , , , , Bridget Kathleen O'Connor +1 202 879 5048 +1 202 879 5200 boconnor@kirkland.com
, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , KIMBERLY D. RANCOUR +1 202 879 5931 +1 202 879 5200 kimberly.rancour@kirkland.com
, , , , , , , , , , , , , , , , , , , , JODI K. WU +1 202 879 5926 +1 202 879 5200 jodi.wu@kirkland.com
, , , , , , , , , , , , , , , , , , , , Thomas D. Yannucci +1 202 879 5056 +1 202 879 2115 tyannucci@kirkland.com

Represented by Law Offices of Matthew G. Pruden

Name Phone Fax E-Mail
, , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , ADAM STEIN +1 919 240 7089 +1 919 240 7822 astein@tinfulton.com

Represented by North Carolina Central University

Name Phone Fax E-Mail
, , , , , , , , , , , , , , , , , IRVING JOYNER +1 919 560 6293 +1 919 530 6339 ijoyner@nccu.edu
, , , , , IRVING JOYNER +1 919 560 6293 +1 919 530 6339 ijoyner@nccu.edu
Attributes
Citation Section 33 U.S.C. § 1319
Nature of Suit 893 - Environmental Matters
Jurisdiction Federal Question
Case Status closed
Jury Demand None
Timeline
  Entries (128) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document (Payment Possibly Required) 40 Filed: 10/12/2018, Entered: None Rule 26f Report - Individual
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Legal Document (Payment Possibly Required) 95 Filed: 2/11/2020, Entered: 2/11/2020
STIPULATION of Dismissal (Joint Stipulation) by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (TORREY, NICHOLAS)
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Blank  Filed: 1/7/2020, Entered: 1/7/2020
CASE REFERRED RE: 94 Joint Notice, to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
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Legal Document (Payment Possibly Required) 94 Filed: 1/7/2020, Entered: 1/7/2020
JOINT NOTICE by DUKE ENERGY CAROLINAS LLC (LONG, NASH)
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Blank  Filed: 10/4/2019, Entered: 10/4/2019
CASE REFERRED RE: ( 93 in 1:17-cv-01097-LCB-JLW) Status Report, ( 154 in 1:16-cv-00607-LCB-JLW) Joint Status Report, ( 161 in 1:17-cv-00452-LCB-JLW) Joint Status Report, to JUDGE LORETTA C. BIGGS Associated Cases: 1:16-cv-00607-LCB-JLW, 1:17-cv-00452-LCB-JLW, 1:17-cv-01097-LCB-JLW.(Blay, Debbie)
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Legal Document (Payment Possibly Required) 93 Filed: 10/4/2019, Entered: 10/4/2019
STATUS REPORT by DUKE ENERGY CAROLINAS LLC. (LONG, NASH)
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Blank  Filed: 8/6/2019, Entered: 8/6/2019
CASE REFERRED RE: 92 Joint Status Report, to JUDGE LORETTA C. BIGGS. (Marsh, Keah)
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Legal Document (Payment Possibly Required) 92 Filed: 8/6/2019, Entered: 8/6/2019
JOINT STATUS REPORT filed by all parties.. (GRIFFITH, LESLIE)
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Blank  Filed: 8/2/2019, Entered: 8/2/2019
Set Deadline: Joint Status Report due by 8/7/2019. (Garland, Leah)
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Legal Document (Payment Possibly Required) 91 Filed: 8/2/2019, Entered: 8/2/2019
ORDER signed by JUDGE LORETTA C. BIGGS on 08/02/2019, that the status conference currently scheduled to occur on August 7, 2019 shall be rescheduled to a later date. FURTHER ORDERED that, in light of the scheduled July 31, 2019 hearing and status conference in the state administrative action, the parties shall file a second Joint Status Report no later than August 7, 2019. FURTHER ORDERED that these cases shall remain STAYED pending further Order of this Court.(Garland, Leah)
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Legal Document (Payment Possibly Required) 90 Filed: 8/2/2019, Entered: 8/2/2019
NOTICE by DUKE ENERGY CAROLINAS LLC (Attachments: # 1 Exhibit A Order Granting Respondent's Partial Motion to Dismiss)(LONG, NASH)
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Legal Document (Payment Possibly Required) 89 Filed: 8/1/2019, Entered: 8/1/2019
NOTICE of Appearance by attorney MEGAN E. KIMBALL on behalf of Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP (KIMBALL, MEGAN)
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Legal Document (Payment Possibly Required) 88 Filed: 7/26/2019, Entered: 7/26/2019
JOINT STATUS REPORT filed by all parties.. (LONG, NASH)
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Blank  Filed: 4/23/2019, Entered: 4/23/2019
Case Stayed pending a status conference set for 8/7/2019. (See 87 ) (Blay, Debbie)
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Blank  Filed: 4/19/2019, Entered: 4/19/2019
Set Joint Status Report Deadline due by 7/31/2019. (Taylor, Abby)
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Blank  Filed: 4/19/2019, Entered: 4/19/2019
Set/Reset Hearing: Status Conference set for 8/7/2019 09:30 AM in Winston-Salem Courtroom #1 before JUDGE LORETTA C. BIGGS. (Taylor, Abby)
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Legal Document (Payment Possibly Required) 87 Filed: 4/19/2019, Entered: 4/19/2019
ORDER signed by JUDGE LORETTA C. BIGGS on 04/19/2019, that Duke Energy's motion shall be GRANTED IN PART and all proceedings in this case is hereby STAYED pending a status conference as set forth below. FURTHER that the parties shall submit a Joint Status Reportregarding the status of the state administrative action no later than July 31, 2019. FURTHER that the parties shall appear for a status conference on Wednesday, August 7, 2019 at 9:30 a.m., at Hiram H. Ward Building, 251 N. Main St., Winston-Salem, North Carolina in Courtroom No. 1.(Taylor, Abby)
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Blank  Filed: 4/17/2019, Entered: 4/17/2019
Motion Submitted: 75 MOTION to Stay to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
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Legal Document (Payment Possibly Required) 86 Filed: 4/16/2019, Entered: 4/16/2019
REPLY, filed by Defendant DUKE ENERGY CAROLINAS LLC, to Response to 75 MOTION to Stay Proceedings filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Text of Proposed Order)(LONG, NASH)
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Legal Document (Payment Possibly Required) 85 Filed: 4/15/2019, Entered: 4/15/2019
RESPONSE filed by Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP re 75 MOTION to Stay filed by DUKE ENERGY CAROLINAS LLC filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. Replies due by 4/19/2019 (Attachments: # 1 Text of Proposed Order)(TORREY, NICHOLAS)
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Legal Document (Payment Possibly Required) 84 Filed: 4/11/2019, Entered: 4/11/2019
REPLY by Defendant DUKE ENERGY CAROLINAS LLC to 74 Response to Duke Energy Carolinas, LLC's Second Notice of Administrative Action. (LONG, NASH)
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Legal Document (Payment Possibly Required) 83 Filed: 4/11/2019, Entered: 4/11/2019
RESPONSE re 72 Notice (Other) to Plaintiffs' Notice of Administrative Action filed by DUKE ENERGY CAROLINAS LLC. Replies due by 4/25/2019 (Attachments: # 1 Exhibit A Duke April 11, 2019 Press Release)(LONG, NASH)
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Legal Document (Payment Possibly Required) 82 Filed: 4/10/2019, Entered: 4/10/2019
NOTICE of Hearing: Master Trial Calendar: OCTOBER Bench Trial set for 10/5/2020 at 09:30 AM in Unassigned Courtroom. Trial Briefs, etc. deadline set for 9/14/2020. (Blay, Debbie)
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Blank  Filed: 4/9/2019, Entered: 4/9/2019
TEXT ORDER re: 77 Motion to Expedite Briefing Schedule on Dukes Motion to Stay Proceedings. Before the Court is Duke Energy Carolinas, LLCs Motion to Expedite Briefing Schedule on Its Motion to Stay Proceedings. The Court, having reviewed the parties briefing, and for good cause shown, determines that the motion is hereby GRANTED. IT IS THEREFORE ORDERED that expedited briefing shall occur on 75 Duke Energy Carolinas, LLCs Motion to Stay Proceedings. To that end, Plaintiffs Appalachian Voices, et al. shall file their response brief, if any, no later than Monday, April 15, 2019, and Defendant Duke Energy Carolinas, LLC shall file its reply brief, if any, no later than Friday, April 19, 2019. IT IS FURTHER ORDERED that all expert discovery deadlines in this action shall be extended by 30 days. Issued by JUDGE LORETTA C. BIGGS on 4/9/2019.(Blay, Debbie)
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Legal Document (Payment Possibly Required) 81 Filed: 4/9/2019, Entered: 4/9/2019
NOTICE by DUKE ENERGY CAROLINAS LLC re 77 MOTION to Expedite Briefing Schedule on Duke's Motion to Stay Proceedings (LONG, NASH)
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Blank  Filed: 4/9/2019, Entered: 4/9/2019
Motion Submitted: 77 MOTION to Expedite Briefing Schedule on Duke's Motion to Stay Proceedings to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
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Legal Document (Payment Possibly Required) 80 Filed: 4/8/2019, Entered: 4/8/2019
REPLY, filed by Defendant DUKE ENERGY CAROLINAS LLC, to Response to 77 MOTION to Expedite Briefing Schedule on Duke's Motion to Stay Proceedings filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A April 5, 2019 Email from N. Torrey to N. Long)(LONG, NASH)
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Legal Document (Payment Possibly Required) 79 Filed: 4/8/2019, Entered: 4/8/2019
RESPONSE in Opposition re 77 MOTION to Expedite Briefing Schedule on Duke's Motion to Stay Proceedings filed by DUKE ENERGY CAROLINAS LLC filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. Replies due by 4/22/2019 (TORREY, NICHOLAS)
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Legal Document (Payment Possibly Required) 78 Filed: 4/5/2019, Entered: 4/5/2019
BRIEF re 77 MOTION to Expedite Briefing Schedule on Duke's Motion to Stay Proceedings by Defendant DUKE ENERGY CAROLINAS LLC filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A Subpoena to Produce Documents - Pace, # 2 Exhibit B Subpoena to Produce Documents - ALS, # 3 Exhibit C Subpoena to Produce Documents - UNC Chapel Hill, # 4 Exhibit D Subpoena to Produce Documents - Bailey-Lash, # 5 Exhibit E Subpoena to Produce Documents - AEGIS, # 6 Exhibit F Subpoena to Produce Documents - SynTerra, # 7 Exhibit G Subpoena to Produce Documents - Falta, # 8 Exhibit H Subpoena to Produce Documents - NCDEQ, # 9 Exhibit I Objections to SynTerra Subpoena, # 10 Exhibit J Objections to Falta Subpoena, # 11 Exhibit K Objections to UNC Chapel Hill Subpoena, # 12 Exhibit L Objections to Bailey-Lash Subpoena)(LONG, NASH)
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Legal Document (Payment Possibly Required) 77 Filed: 4/5/2019, Entered: 4/5/2019
MOTION to Expedite Briefing Schedule on Duke's Motion to Stay Proceedings by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Text of Proposed Order)(LONG, NASH)
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Legal Document (Payment Possibly Required) 76 Filed: 4/5/2019, Entered: 4/5/2019
BRIEF re 75 MOTION to Stay by Defendant DUKE ENERGY CAROLINAS LLC filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A Four Plant Order, # 2 Exhibit B Three Plant Order, # 3 Exhibit C Notice of Dismissal - HF Lee Plant, # 4 Exhibit D Notice of Dismissal - Cape Fear Plant, # 5 Exhibit E Notice of Dismissal - Riverbend Plant, # 6 Exhibit F Notice of Dismissal - Sutton, # 7 Exhibit G Joint Stipulation of Dismissal - Buck Plant, # 8 Exhibit H Settlement Agreement and Release - Buck Plant, # 9 Exhibit I Joint Stipulation of Dismissal - Wateree Plant, # 10 Exhibit J Voluntary Notice of Dismissal - Grainger Plant)(LONG, NASH)
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Legal Document (Payment Possibly Required) 75 Filed: 4/5/2019, Entered: 4/5/2019
MOTION to Stay by DUKE ENERGY CAROLINAS LLC. Response to Motion due by 4/26/2019 (Attachments: # 1 Text of Proposed Order)(LONG, NASH)
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Legal Document (Payment Possibly Required) 74 Filed: 4/5/2019, Entered: 4/5/2019
RESPONSE re 70 Notice (Other), filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (GRIFFITH, LESLIE)
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Legal Document (Payment Possibly Required) 73 Filed: 4/2/2019, Entered: 4/2/2019 Court Filing
Transcript of Proceedings held on December 12, 2018, re: Motion Hearing, before Judge Joe L. Webster. Court Reporter Lori Russell, Telephone number 336-734-2547. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. NOTICE RE: REDACTION OF TRANSCRIPTS: The parties have 5 business days to file a Notice of Intent to Request Redaction and 21 calendar days to file a Redaction Request. If no notice is filed, this transcript will be made electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the court reporter before the 90 day deadline. After that date it may be obtained through PACER. Redaction Request due 4/26/2019. Redacted Transcript Deadline set for 5/6/2019. Release of Transcript Restriction set for 7/5/2019. (Russell, Lori)
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Legal Document (Payment Possibly Required) 72 Filed: 4/2/2019, Entered: 4/2/2019
NOTICE by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP Notice of Administrative Action (Attachments: # 1 Exhibit 1 - NCDEQ Belews Creek Closure Determination)(TORREY, NICHOLAS)
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Legal Document (Payment Possibly Required) 71 Filed: 3/29/2019, Entered: 3/29/2019
Additional Attachments to Main Document re 45 Response in Opposition to Motion,, Amended Exhibit 3 - Amended Declaration of Bill Dalton. (Attachments: # 1 Redlined Amended Declaration of Bill Dalton)(TORREY, NICHOLAS)
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Legal Document (Payment Possibly Required) 70 Filed: 3/26/2019, Entered: 3/26/2019
NOTICE by DUKE ENERGY CAROLINAS LLC re 59 Notice (Other), (Attachments: # 1 Exhibit A DEQ Press Release, # 2 Exhibit B DEQ 3/21/19 Cover Letter to Permit, # 3 Exhibit C Final NPDES Permit NC0024406, # 4 Exhibit D DEQ/DWR Permit Fact Sheet, # 5 Exhibit E Special Order by Consent EMC SOC WQ S18-009)(LONG, NASH)
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Legal Document (Payment Possibly Required) 69 Filed: 3/18/2019, Entered: 3/18/2019
Additional Attachments to Main Document re 51 Reply to Response to Motion, Amended Exhibit A - Amended Declaration of Jessica Bednarcik. (Attachments: # 1 Redlined Amended Declaration of Jessica Bednarcik)(LONG, NASH)
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Legal Document (Payment Possibly Required) 68 Filed: 3/12/2019, Entered: 3/12/2019
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 03/12/2019, that the Parties' Joint Motion for Entry of a Stipulated Protective Order and ESI Agreement (Docket Entry 66 ) is GRANTED. The Stipulated Protective Order and ESI Agreement are approved and entered without further modification. (Garland, Leah)
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Blank  Filed: 3/12/2019, Entered: 3/12/2019
Motion Referred: RE: 66 JOINT MOTIONfor Entry of Stipulated Protective Order and ESI Agreement, to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
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Legal Document (Payment Possibly Required) 67 Filed: 3/11/2019, Entered: 3/11/2019
BRIEF re 66 JOINT MOTIONfor Entry of Stipulated Protective Order and ESI Agreement by Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (Attachments: # 1 Exhibit 1 - Stipulated Protective Order, # 2 Exhibit 2 - ESI Agreement)(GRIFFITH, LESLIE)
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Legal Document (Payment Possibly Required) 66 Filed: 3/11/2019, Entered: 3/11/2019
JOINT MOTIONfor Entry of Stipulated Protective Order and ESI Agreement by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (Attachments: # 1 Text of Proposed Order)(GRIFFITH, LESLIE)
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Legal Document (Payment Possibly Required) 65 Filed: 2/15/2019, Entered: 2/15/2019
ORDER Appointing ROBERT A. BEASON as the Mediator pursuant to LR 83.9d(a). Signed by John S. Brubaker, Clerk of Court. (Gammon, Cheryl)
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Legal Document (Payment Possibly Required) 64 Filed: 2/12/2019, Entered: 2/12/2019
NOTICE by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP of Mediator Selection (GRIFFITH, LESLIE)
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Legal Document (Payment Possibly Required) 63 Filed: 1/31/2019, Entered: 1/31/2019
REPLY by Defendant DUKE ENERGY CAROLINAS LLC to 59 Notice (Other), . (LONG, NASH)
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Blank  Filed: 1/24/2019, Entered: 1/24/2019
MEDIATION SCHEDULING ORDER ; Selection of Mediator due by 2/19/2019. Mediation due by 7/1/2019. (Gammon, Cheryl)
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Legal Document (Payment Possibly Required) 62 Filed: 1/22/2019, Entered: 1/22/2019
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 01/22/2019, granting 61 RULE 26F (JOINT). The appropriate plan for this case, with the modifications set out below, is that designated in LR 26.1 as Exceptional. Discovery due by 10/24/2019. Plaintiffs shall file any dispositive motion and supporting brief (not to exceed 6250 words) within 60 days following the close of the discovery period. Mediation should be conducted during the discovery period, the exact date to be set by the mediator after consultation with the parties. Trial of this action is expected to take approximately 4-10 days. A jury trial has not been demanded. The parties do not consent to the reference of the case to a magistrate judge.(Taylor, Abby)
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Blank  Filed: 1/22/2019, Entered: 1/22/2019
Motions Referred: RE: 61 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
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Legal Document (Payment Possibly Required) 61 Filed: 1/22/2019, Entered: 1/22/2019
Rule 26(f) Report (Joint) filed by all parties by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP.(GRIFFITH, LESLIE)
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Legal Document (Payment Possibly Required) 60 Filed: 1/17/2019, Entered: 1/17/2019
RESPONSE re 59 Notice (Other), filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (GRIFFITH, LESLIE)
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Legal Document (Payment Possibly Required) 59 Filed: 1/9/2019, Entered: 1/9/2019
NOTICE by DUKE ENERGY CAROLINAS LLC re 50 Reply to Response to Motion, 30 MOTION for Judgment on the Pleadings , 47 Corrected Document,, (Attachments: # 1 Exhibit A DEQ Cover Letter to December 2018 Draft Permit, # 2 Exhibit B December 2018 Draft Permit, # 3 Exhibit C December 2018 Fact Sheet, # 4 Exhibit D Draft SOC, # 5 Exhibit E NCDEQ Public Notice)(LONG, NASH)
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Blank  Filed: 1/9/2019, Entered: 1/9/2019
Set Hearing: Initial Pretrial Conference set for 1/23/2019 09:30 AM in Durham Courtroom #1. (See 58 Order) (Garland, Leah)
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Legal Document (Payment Possibly Required) 58 Filed: 1/9/2019, Entered: 1/9/2019
ORDER signed by MAG/JUDGE JOE L. WEBSTER on 01/09/2019, that Duke Energy's Motion to Stay Discovery and Case Management Deadlines Pending Resolution of its Dispositive Motions (Docket Entry 35 ) is DENIED. FURTHER ORDERED that the Parties' Joint Rule 26(f) Report (Docket Entry 52 ) shall be TERMINATED. This matter shall be set for an Initial Pretrial Conference Hearing on January 23, 2019 at 9:30am in Durham, Courtroom Second Floor. Prior to the hearing, the Parties may submit an Amended Joint Rule 26(f) Report, or Individual Rule 26(f) Reports, respectively. (Garland, Leah)
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Legal Document (Payment Possibly Required) 57 Filed: 1/7/2019, Entered: 1/7/2019
NOTICE of Appearance by attorney BRIAN L. GIST on behalf of Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP (GIST, BRIAN)
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Legal Document (Payment Possibly Required) 56 Filed: 1/7/2019, Entered: 1/7/2019
NOTICE of Appearance by attorney CHRISTOPHER J. BOWERS on behalf of Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP (BOWERS, CHRISTOPHER)
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Blank  Filed: 12/18/2018, Entered: 12/18/2018
TEXT ORDER granting 55 Motion to Withdraw as Attorney. Attorney MYRA DEAN BLAKE terminated. Issued by MAG/JUDGE JOE L. WEBSTER on 12/18/2018.(Lee, Pedra)
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Blank  Filed: 12/17/2018, Entered: 12/17/2018
Motions Referred: RE: (55 in 1:17-cv-01097-LCB-JLW) Consent MOTION to Withdraw as Attorney MYRA DEAN BLAKE , (138 in 1:16-cv-00607-LCB-JLW) Consent MOTION to Withdraw as Attorney MYRA DEAN BLAKE , (145 in 1:17-cv-00452-LCB-JLW) Consent MOTION to Withdraw as Attorney MYRA DEAN BLAKE , to MAG/JUDGE JOE L. WEBSTER Associated Cases: 1:16-cv-00607-LCB-JLW, 1:17-cv-00452-LCB-JLW, 1:17-cv-01097-LCB-JLW(Blay, Debbie)
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Legal Document (Payment Possibly Required) 55 Filed: 12/14/2018, Entered: 12/14/2018
Consent MOTION to Withdraw as Attorney MYRA DEAN BLAKE by on behalf of APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 54 Filed: 12/12/2018, Entered: 12/12/2018
Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER: Motion Hearing held on 12/12/2018 re: 35 MOTION to Stay Discovery and Case Management Deadlines Pending Resolution of Dispositive Motions filed by DUKE ENERGY CAROLINAS LLC. Attorneys Myra Blake, Frank Holleman, III, Leslie Griffith and Nicholas Torrey present as counsel for Plaintiffs, Attorneys Nash Long and Melissa Romanzo present as counsel for Defendants. Matter taken under advisement. (Court Reporter Lori Russell.) (Garrett, Kim) (Main Document 54 replaced on 12/12/2018) (Garrett, Kim).
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Blank  Filed: 12/6/2018, Entered: 12/6/2018
Motion Referred: RE: 35 MOTION to Stay Discovery and Case Management Deadlines Pending Resolution of Dispositive Motions, to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
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Blank  Filed: 12/6/2018, Entered: 12/6/2018
Motions Submitted: 30 MOTION for Judgment on the Pleadings , 33 MOTION to Dismiss for Lack of Jurisdiction , 42 MOTION to Amend 1 Complaint, to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
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Legal Document (Payment Possibly Required) 53 Filed: 12/4/2018, Entered: 12/4/2018
REPLY, filed by Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, to Response to 42 MOTION to Amend 1 Complaint,,,, filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (TORREY, NICHOLAS)
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Blank  Filed: 12/4/2018, Entered: 12/4/2018
Motions Referred: RE: 52 Rule 26(f) Report (Joint) filed by all parties, to MAG/JUDGE JOE L. WEBSTER (Garrett, Kim)
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Legal Document (Payment Possibly Required) 52 Filed: 12/3/2018, Entered: 12/3/2018
Rule 26(f) Report (Joint) filed by all parties by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP.(GRIFFITH, LESLIE)
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Legal Document (Payment Possibly Required) 51 Filed: 11/21/2018, Entered: 11/21/2018
REPLY, filed by Defendant DUKE ENERGY CAROLINAS LLC, to Response to 33 MOTION to Dismiss for Lack of Jurisdiction filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A Declaration of Jessica Bednarcik, # 2 Exhibit B EMC SOC WQ S18-004 Completion Notification)(LONG, NASH)
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Legal Document (Payment Possibly Required) 50 Filed: 11/21/2018, Entered: 11/21/2018
REPLY, filed by Defendant DUKE ENERGY CAROLINAS LLC, to Response to 30 MOTION for Judgment on the Pleadings filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A Excerpted Memorandum in Support of Motion, # 2 Exhibit B Excerpted Miccosukee v. USA Complaint)(LONG, NASH)
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Legal Document (Payment Possibly Required) 49 Filed: 11/20/2018, Entered: 11/20/2018
RESPONSE in Opposition re 42 MOTION to Amend 1 Complaint,,,, filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, APPALACHIAN VOICES filed by DUKE ENERGY CAROLINAS LLC. Replies due by 12/4/2018 (Attachments: # 1 Exhibit A Dominion Complaint, # 2 Exhibit B Excerpted Sierra Club Proposed Findings of Fact, # 3 Exhibit C Excerpted June 21, 2016 Trial Testimony, # 4 Exhibit D Excerpted Opening Brief of Appellant, # 5 Exhibit E Excerpted Opening Brief of Appellee, # 6 Exhibit F Prairie v. Dynegy Slip Op., # 7 Text of Proposed Order)(LONG, NASH)
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Blank  Filed: 11/20/2018, Entered: 11/20/2018
CASE REFERRED RE: 48 Joint Status Report, to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
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Legal Document (Payment Possibly Required) 48 Filed: 11/19/2018, Entered: 11/19/2018
JOINT STATUS REPORT filed by all parties. (BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 47 Filed: 11/19/2018, Entered: 11/19/2018
Corrected document re 31 Memorandum,,,. (Attachments: # 1 Exhibit A Claim Chart, # 2 Exhibit B Renewal Application, # 3 Exhibit C Draft Permit 6-26-18, # 4 Exhibit D Appellee's Opening Brief, # 5 Exhibit E Plaintiffs' Response in Opposition, # 6 Exhibit F Comments on Draft Permit, # 7 Exhibit G Draft Response to Comments - Roxboro, # 8 Exhibit H Draft Responses to Comments - Mayo, # 9 Exhibit I NCS000573 Stormwater Permit, # 10 Exhibit J Response to Additional Information Request, # 11 Exhibit K Hearing Officer's Report, # 12 Exhibit L TVA Complaint, # 13 Exhibit M NC0024406 1984 Permit)(LONG, NASH)
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Legal Document (Payment Possibly Required) 46 Filed: 11/14/2018, Entered: 11/14/2018
REPLY, filed by Defendant DUKE ENERGY CAROLINAS LLC, to Response to 35 MOTION to Stay Discovery and Case Management Deadlines Pending Resolution of Dispositive Motions filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A - Plaintiff-Appellee's Petition for Rehearing, # 2 Exhibit B - Excerpted Plaintiff-Intervenors' Response to Defendants' Motion for Status Conference, # 3 Exhibit C - October 25, 2018 Letter from Duke Energy to DEQ Submitting Closure Options Analysis, # 4 Exhibit D - October 26, 2018 Letter from N. Long on behalf of Duke Energy to Counsel, # 5 Exhibit E - Excerpted May 11, 2017 Status Conference Transcript, # 6 Exhibit F - October 12, 2018 Letter from DEQ to Duke Energy Confirming Completion of CAMA Permanent Water Requirement, # 7 Exhibit G - November 13, 2018 Letter from DEQ regarding "Low-Risk" Classification)(LONG, NASH)
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Legal Document (Payment Possibly Required) 45 Filed: 11/7/2018, Entered: 11/7/2018
RESPONSE in Opposition re 33 MOTION to Dismiss for Lack of Jurisdiction filed by DUKE ENERGY CAROLINAS LLC filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. Replies due by 11/21/2018 (Attachments: # 1 Exhibit 1 - Duke Energy SOC Application, # 2 Exhibit 2 - Declaration of Keith Goolsby, # 3 Exhibit 3 - Declaration of Bill Dalton, # 4 Exhibit 4 - Declaration of David Hairston, # 5 Exhibit 5 - Declaration of Amy Adams, # 6 Exhibit 6 - Declaration of Rev. Gregory Hairston, # 7 Exhibit 7 - Declaration of Rev. Dr. T. Anthony Spearman)(BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 44 Filed: 11/7/2018, Entered: 11/7/2018
RESPONSE in Opposition re 30 MOTION for Judgment on the Pleadings filed by DUKE ENERGY CAROLINAS LLC filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. Replies due by 11/21/2018 (Attachments: # 1 Exhibit 1 - M.D.Tenn. Order)(BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 43 Filed: 10/31/2018, Entered: 10/31/2018
RESPONSE in Opposition re 35 MOTION to Stay Discovery and Case Management Deadlines Pending Resolution of Dispositive Motions filed by DUKE ENERGY CAROLINAS LLC filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. Replies due by 11/14/2018 (BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 42 Filed: 10/30/2018, Entered: 10/30/2018
MOTION to Amend 1 Complaint,,,, by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. Response to Motion due by 11/20/2018 (Attachments: # 1 Exhibit A - Amended Complaint, # 2 Exhibit B- Amended Complaint, Redlined)(BLAKE, MYRA)
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Blank  Filed: 10/30/2018, Entered: 10/30/2018
Set/Response Deadline: re 30 MOTION for Judgment on the Pleadings , 33 MOTION to Dismiss for Lack of Jurisdiction : Responses due by 11/7/2018. (Taylor, Abby)
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Blank  Filed: 10/30/2018, Entered: 10/30/2018
TEXT ORDER granting 41 Motion for Extension of Time to File Response. Plaintiffs shall file Responses to Defendant's Motion to Dismiss and Motion for Judgment on the Pleadings on or before November 7, 2018. Issued by MAG/JUDGE JOE L. WEBSTER on 10/30/2018.(Lee, Pedra)
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Blank  Filed: 10/29/2018, Entered: 10/29/2018
Motion Referred: RE: 41 Consent MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Judgment on the Pleadings , 33 MOTION to Dismiss for Lack of Jurisdiction , to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
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Legal Document (Payment Possibly Required) 41 Filed: 10/25/2018, Entered: 10/25/2018
Consent MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Judgment on the Pleadings , 33 MOTION to Dismiss for Lack of Jurisdiction by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (Attachments: # 1 Text of Proposed Order)(BLAKE, MYRA)
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Blank  Filed: 10/17/2018, Entered: 10/17/2018
Set Hearings: Motion Hearing regarding 35 Motion to Stay Discovery and Case Management Deadlines Pending Resolution of its Dispositive Motions set for 12/12/2018 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. Initial Pretrial Conference set for 1/23/2019 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Winchester, Robin)
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Blank  Filed: 10/17/2018, Entered: 10/17/2018
TEXT ORDER by MAG/JUDGE JOE L. WEBSTER on 10/17/2018. Parties discussed pending Individual Rule 26(f) Reports. (Docket Entries 38, 40.) Counsel for Plaintiffs intends to file an opposition brief to Defendant's Motion to Stay Discovery and Case Management Deadlines Pending Resolution of its Dispositive Motions. (Docket Entry 35.) Also, Plaintiffs intend to seek leave to file an amended complaint. Plaintiffs do not believe that discovery should be stayed in this matter. Defendant argues that a stay is appropriate in light of the potential dismissal of this action after the recent Fourth Circuit Court of Appeals decision in Sierra Club v. Va. Elec. Power Co., Nos. 17-1895 & 17-1952, 2018 WL 4343513 (4th Cir. Sept. 12, 2018), reh'g denied (4th Cir. Oct. 10, 2018)_. After hearing the positions of both parties, the Court will refrain from ruling upon Defendant's Motion to Stay until the matter is fully briefed. A motion hearing shall be held on December 12, 2018 at 9:30 a.m. in Durham, Courtroom Second Floor, regarding Defendant's Motion to Stay. With regards to the case management schedule, the initial management order shall be stayed until January of 2019. This matter shall be set for an initial pretrial conference hearing on January 23, 2019 at 9:30am, in Durham, Courtroom Second Floor. The individual Rule 26(f) Reports (Docket Entries 38, 40) shall be Terminated. The parties shall have 30 days from the date of this order to meet and confer regarding discovery deadlines in this matter. The parties are encouraged to work cooperatively to resolve issues in this matter.(Winchester, Robin)
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Blank  Filed: 10/17/2018, Entered: 10/17/2018
Minute Entry for proceedings held before MAG/JUDGE JOE L. WEBSTER. Case called for Initial Pretrial Conference on 10/17/2018. Attorneys Myra Blake, Frank Holleman, III, Leslie Griffith, and Nicholas Torrey appeared as counsel for plaintiffs. Attorneys Brent Rosser and Nash Long, III appeared as counsel for for the defendant. (Proceedings Recorded) (Winchester, Robin)
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Blank  Filed: 10/12/2018, Entered: 10/12/2018
Motions Referred: RE: 40 Rule 26(f) Report (Individual)., to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
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Legal Document (Payment Possibly Required) 40 Filed: 10/11/2018, Entered: 10/11/2018
Rule 26(f) Report (Individual). by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (Attachments: # 1 Text of Proposed Order)(GRIFFITH, LESLIE)
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Blank  Filed: 10/11/2018, Entered: 10/11/2018
Motions Referred: RE: 35 MOTION to Stay Discovery and Case Management Deadlines Pending Resolution of Dispositive Motions, 38 Rule 26(f) Report (Individual), to MAG/JUDGE JOE L. WEBSTER. (Blay, Debbie)
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Legal Document (Payment Possibly Required) 39 Filed: 10/11/2018, Entered: 10/11/2018
Additional Attachments to Main Document re 38 Rule 26(f) Report (Individual). Proposed Order. (LONG, NASH)
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Legal Document (Payment Possibly Required) 38 Filed: 10/11/2018, Entered: 10/11/2018
Rule 26(f) Report (Individual). Response to Motion due by 11/1/2018 by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A Plaintiffs' Draft Joint Rule 26(f) Report)(LONG, NASH)
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Legal Document (Payment Possibly Required) 37 Filed: 10/11/2018, Entered: 10/11/2018
Additional Attachments to Main Document re 35 MOTION to Stay Discovery and Case Management Deadlines Pending Resolution of Dispositive Motions - Proposed Order. (LONG, NASH)
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Legal Document (Payment Possibly Required) 36 Filed: 10/10/2018, Entered: 10/10/2018
MEMORANDUM filed by Defendant DUKE ENERGY CAROLINAS LLC re 35 MOTION to Stay Discovery and Case Management Deadlines Pending Resolution of Dispositive Motions filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A Email from Blake to Long with Attachment, # 2 Exhibit B 1/10/18 Letter from DEQ to Duke, # 3 Exhibit C House Bill 630 Connections Status, # 4 Exhibit D 8/1/18 Letter from DEQ to Duke, # 5 Exhibit E 10/8/18 Letter from DEQ to Duke, # 6 Exhibit F Plaintiff's Status Report, # 7 Exhibit G Cape Fear Order 11/15/13, # 8 Exhibit H Nellon Order 7/11/16, # 9 Exhibit I Cook Order 11/1/07)(LONG, NASH)
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Legal Document (Payment Possibly Required) 35 Filed: 10/10/2018, Entered: 10/10/2018
MOTION to Stay Discovery and Case Management Deadlines Pending Resolution of Dispositive Motions by DUKE ENERGY CAROLINAS LLC. Response to Motion due by 10/31/2018 (LONG, NASH)
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Legal Document (Payment Possibly Required) 34 Filed: 10/10/2018, Entered: 10/10/2018
MEMORANDUM filed by Defendant DUKE ENERGY CAROLINAS LLC re 33 MOTION to Dismiss for Lack of Jurisdiction filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A Emails Between Blake and Long, # 2 Exhibit B Figure 4-2 CSA, # 3 Exhibit C Duke's Interim Action Plan, # 4 Exhibit D Startup and Effectiveness Monitoring Report, # 5 Exhibit E Table of Seeps Identified in Plaintiffs' Complaint)(LONG, NASH)
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Legal Document (Payment Possibly Required) 33 Filed: 10/10/2018, Entered: 10/10/2018
MOTION to Dismiss for Lack of Jurisdiction by DUKE ENERGY CAROLINAS LLC. Response to Motion due by 10/31/2018 (LONG, NASH)
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Legal Document (Payment Possibly Required) 32 Filed: 10/10/2018, Entered: 10/10/2018
DECLARATION of Emma C. Merritt re 31 Memorandum,,, by Defendant DUKE ENERGY CAROLINAS LLC. (LONG, NASH)
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Legal Document (Payment Possibly Required) 31 Filed: 10/10/2018, Entered: 10/10/2018
MEMORANDUM filed by Defendant DUKE ENERGY CAROLINAS LLC re 30 MOTION for Judgment on the Pleadings filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A Claim Chart, # 2 Exhibit B Renewal Application, # 3 Exhibit C Draft Permit 6-26-18, # 4 Exhibit D Appellee's Opening Brief, # 5 Exhibit E Plaintiffs' Response in Opposition, # 6 Exhibit F Comments on Draft Permit, # 7 Exhibit G Draft Response to Comments - Roxboro, # 8 Exhibit H Draft Responses to Comments - Mayo, # 9 Exhibit I NCS000573 Stormwater Permit, # 10 Exhibit J Response to Additional Information Request, # 11 Exhibit K Hearing Officer's Report, # 12 Exhibit L TVA Complaint, # 13 Exhibit M NC0024406 1984 Permit)(LONG, NASH)
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Legal Document (Payment Possibly Required) 30 Filed: 10/10/2018, Entered: 10/10/2018
MOTION for Judgment on the Pleadings by DUKE ENERGY CAROLINAS LLC. Response to Motion due by 10/31/2018 (LONG, NASH)
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Legal Document (Payment Possibly Required) 29 Filed: 8/28/2018, Entered: 8/28/2018
NOTICE of Initial Pretrial Conference Hearing: Initial Pretrial Conference Hearing set for 10/17/2018 09:30 AM in Durham Courtroom #1 before MAG/JUDGE JOE L. WEBSTER. (Garrett, Kim)
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Legal Document (Payment Possibly Required) 28 Filed: 8/27/2018, Entered: 8/27/2018
ANSWER to 1 Complaint,,,, by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit 1 Special Order by Consent - EMC SOC WQ S18-004)(LONG, NASH)
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Legal Document (Payment Possibly Required) 27 Filed: 8/13/2018, Entered: 8/13/2018
ORDER denying 9 Motion to Dismiss for Failure to State a Claim. Signed by JUDGE LORETTA C. BIGGS on 08/13/2018/. (Taylor, Abby)
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Legal Document (Payment Possibly Required) 26 Filed: 5/14/2018, Entered: 5/14/2018
SURREPLY filed by Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP re 16 MOTION for Leave to File Surreply, 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (TORREY, NICHOLAS)
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Legal Document (Payment Possibly Required) 25 Filed: 5/4/2018, Entered: 5/4/2018
ORDER signed by JUDGE LORETTA C. BIGGS on 05/04/2018, that Plaintiffs' Motion for Leave to File Surreply to Defendant's Reply in Support of Motion to Dismiss, (ECF No. 16 ), is GRANTED, and Plaintiff shall file the proposed surreply within ten (10) days of the entry of this Order. (Garland, Leah)
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Blank  Filed: 4/24/2018, Entered: 4/24/2018
Motion Submitted: 16 MOTION for Leave to File Surreply to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
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Legal Document (Payment Possibly Required) 24 Filed: 4/23/2018, Entered: 4/23/2018
REPLY, filed by Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, to Response to 16 MOTION for Leave to File Surreply filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (TORREY, NICHOLAS)
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Legal Document (Payment Possibly Required) 23 Filed: 4/9/2018, Entered: 4/9/2018
RESPONSE in Opposition re 16 MOTION for Leave to File Surreply filed by NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP, APPALACHIAN VOICES filed by DUKE ENERGY CAROLINAS LLC. Replies due by 4/23/2018 (Attachments: # 1 Text of Proposed Order)(LONG, NASH)
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Legal Document (Payment Possibly Required) 22 Filed: 4/9/2018, Entered: 4/9/2018
NOTICE by DUKE ENERGY CAROLINAS LLC OF FIRM NAME CHANGE (LONG, NASH)
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Legal Document (Payment Possibly Required) 21 Filed: 3/20/2018, Entered: 3/20/2018
Corrected document re 20 Memorandum,. (Attachments: # 1 Exhibit 1 - Mayo Order Granting Leave to file Surreply)(BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 20 Filed: 3/19/2018, Entered: 3/19/2018
MEMORANDUM filed by Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP re 16 MOTION for Leave to File Surreply filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. (Attachments: # 1 Exhibit 1 - Mayo Order Granting Leave to File Surreply)(BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 19 Filed: 3/19/2018, Entered: 3/19/2018
NOTICE by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP re 16 MOTION for Leave to File Surreply of submission of Proposed Order (BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 18 Filed: 3/19/2018, Entered: 3/19/2018
NOTICE by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP re 16 MOTION for Leave to File Surreply of filing of Exhibit 2 - Attachment D Part 2 of 2 (BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 17 Filed: 3/19/2018, Entered: 3/19/2018
NOTICE by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP RE 16 MOTION for Leave to File Surreply of filing of Exhibit 2 - Attachment D Part 1 of 2 (BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 16 Filed: 3/19/2018, Entered: 3/19/2018
MOTION for Leave to File Surreply by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. Response to Motion due by 4/9/2018 (Attachments: # 1 Exhibit Exhibit 1 - Surreply to Motion to Dismiss, # 2 Exhibit Exhibit 2 - Attachment A Buck NPDES Permit, # 3 Exhibit Exhibit 2 - Attachment B Mayo NPDES Permit, # 4 Exhibit Exhibit 2 - Attachment C - Mayo Groundwater Monitoring)(BLAKE, MYRA)
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Blank  Filed: 3/13/2018, Entered: 3/13/2018
Motion Submitted: 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to JUDGE LORETTA C. BIGGS. (Blay, Debbie)
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Legal Document (Payment Possibly Required) 15 Filed: 3/12/2018, Entered: 3/12/2018
REPLY, filed by Defendant DUKE ENERGY CAROLINAS LLC, to Response to 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A Response in Opposition - [DE 19])(LONG, NASH)
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Legal Document (Payment Possibly Required) 14 Filed: 2/26/2018, Entered: 2/26/2018
RESPONSE in Opposition re 10 Brief, filed by DUKE ENERGY CAROLINAS LLC Motion to Dismiss filed by APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP. Replies due by 3/12/2018 (Attachments: # 1 Exhibit 1 - Duke's Brief in Support of Motion to Dismiss 1:17-cv-00452, # 2 Exhibit 2 - Duke's Brief in Support of Mot to Dismiss 1:14-cv-00753, # 3 Exhibit 3 - EPA Revised Policy Statement on Scope of Discharge, # 4 Exhibit 4 - Duke's Opposition to Plf's Mot to Compel AEGIS)(BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 13 Filed: 2/5/2018, Entered: 2/5/2018
NOTICE of Appearance by attorney EMMA C. MERRITT on behalf of Defendant DUKE ENERGY CAROLINAS LLC (MERRITT, EMMA)
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Legal Document (Payment Possibly Required) 12 Filed: 2/5/2018, Entered: 2/5/2018
NOTICE of Appearance by attorney MELISSA A. ROMANZO on behalf of Defendant DUKE ENERGY CAROLINAS LLC (ROMANZO, MELISSA)
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Legal Document (Payment Possibly Required) 11 Filed: 2/5/2018, Entered: 2/5/2018
NOTICE of Appearance by attorney BRENT ALAN ROSSER on behalf of Defendant DUKE ENERGY CAROLINAS LLC (ROSSER, BRENT)
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Legal Document (Payment Possibly Required) 10 Filed: 2/5/2018, Entered: 2/5/2018
BRIEF re 9 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant DUKE ENERGY CAROLINAS LLC filed by DUKE ENERGY CAROLINAS LLC. (Attachments: # 1 Exhibit A Exhibit 5 to DEQ Complaint, # 2 Exhibit B Brief of Plaintiff-Appellee COA 17-893)(LONG, NASH)
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Legal Document (Payment Possibly Required) 9 Filed: 2/5/2018, Entered: 2/5/2018
MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DUKE ENERGY CAROLINAS LLC. Response to Motion due by 2/26/2018 (LONG, NASH)
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Legal Document (Payment Possibly Required) 8 Filed: 2/5/2018, Entered: 2/5/2018
Corporate Disclosure Statement by DUKE ENERGY CAROLINAS LLC identifying Corporate Parent Duke Energy Corporation for DUKE ENERGY CAROLINAS LLC.. (LONG, NASH)
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Legal Document (Payment Possibly Required) 7 Filed: 2/5/2018, Entered: 2/5/2018
NOTICE of Appearance by attorney NASH E. LONG, III on behalf of Defendant DUKE ENERGY CAROLINAS LLC (LONG, NASH)
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Blank  Filed: 12/6/2017, Entered: 12/6/2017
Case ASSIGNED to JUDGE LORETTA C. BIGGS and MAGISTRATE JUDGE JOE L. WEBSTER. Set flag for Magistrate Judge Joe L. Webster. (Coyne, Michelle)
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Legal Document (Payment Possibly Required) 6 Filed: 12/6/2017, Entered: 12/6/2017
WAIVER OF SERVICE of SUMMONS by APPALACHIAN VOICES, STOKES COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. DUKE ENERGY CAROLINAS LLC waiver sent on 12/5/2017, answer due 2/5/2018. (BLAKE, MYRA)
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Legal Document (Payment Possibly Required) 5 Filed: 12/5/2017, Entered: 12/5/2017
NOTICE of Appearance by attorney LESLIE GRIFFITH on behalf of Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP (GRIFFITH, LESLIE)
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Legal Document (Payment Possibly Required) 4 Filed: 12/5/2017, Entered: 12/5/2017
NOTICE of Appearance by attorney NICHOLAS S. TORREY on behalf of Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP (TORREY, NICHOLAS)
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Legal Document (Payment Possibly Required) 3 Filed: 12/5/2017, Entered: 12/5/2017
NOTICE of Appearance by attorney FRANK S. HOLLEMAN, III on behalf of Plaintiffs APPALACHIAN VOICES, NORTH CAROLINA STATE CONFERENCE OF THE NAACP, STOKES COUNTY BRANCH OF THE NAACP (HOLLEMAN, FRANK)
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Blank  Filed: 12/5/2017, Entered: 12/5/2017
CASE REFERRED to Mediation pursuant to Local Rule 83.9b of the Rules of Practice and Procedure of this Court. Please go to our website under Attorney Information for a list of mediators which must be served on all parties. (Coyne, Michelle)
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Legal Document (Payment Possibly Required) 2 Filed: 12/5/2017, Entered: 12/5/2017
CORPORATE DISCLOSURE STATEMENT filed pursuant to FRCP 7.1(a) by Plaintiffs APPALACHIAN VOICES. (BLAKE, MYRA) Modified on 12/5/2017 to edit parties. (Sheets, Jamie)
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Legal Document (Payment Possibly Required) 1 Filed: 12/5/2017, Entered: 12/5/2017
COMPLAINT against DUKE ENERGY CAROLINAS LLC( Filing fee $ 400 receipt number 0418-2252472.)(Related Case # 1:16-cv-607, 1:17-cv-452), filed by APPALACHIAN VOICES, STOKES COUNTY BRANCH OF THE NAACP, NORTH CAROLINA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 Exhibit 1 - Notice of Intent to Sue, # 2 Exhibit 2 - Complaint DEQ v Duke Energy, # 3 Exhibit 3 - Mayo Order on Motion to Dismiss, # 4 Exhibit 4 - Belews NPDES Permit, # 5 Exhibit 5 - Corps of Engineers 404 Permit, # 6 Exhibit 6 - Belews NPDES Permit Outfall Map, # 7 Exhibit 7 - Belews EPA Dam Report, # 8 Exhibit 8 - Belews Revised Groundwater Model, # 9 Exhibit 9 -Sutton Settlement Agreement, # 10 Exhibit 10 - Belews Draft NPDES Permit Seeps Map, # 11 Exhibit 11 - Belews Draft NPDES Permit Fact Sheet, # 12 Exhibit 12 - Belews Revised Groundwater Model, # 13 Exhibit 13 - Little Belews Creek Sample, # 14 Exhibit 14 - Zach Hall Deposition, # 15 Exhibit 15 - EPA Ecological Damage Cases, # 16 Exhibit 16 - 2013 Dan River Summary, # 17 Exhibit 17 - Duke Energy Plea Agreement Joint Factual Statement, # 18 Exhibit 18 - Sean DeNeale Deposition)(BLAKE, MYRA) Modified on 12/5/2017 to edit party. (Sheets, Jamie)
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