USCA Case Number 18-36095 and Time Schedule Order for 83 Notice of Cross Appeal, filed by Travis Kavulla, Roger Koopman, Tony O'Donnell, Bob Lake, Montana Public Service Commission, Brad Johnson. (HEG) (Entered: 01/02/2019)
NOTICE OF CROSS APPEAL as to 80 Clerk's Judgment, 79 Order,,, Terminate Motions,, by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. Filing fee $ 505, receipt number 0977-2242500. (Attachments: # 1 Exhibit 1 [Order on Appeal]) (Langston, Jeremiah) (Entered: 12/28/2018)
USCA Case Number 18-36061 and Time Schedule Order for 81 Notice of Appeal, filed by Malt Solar, Couch Solar, Fox Farm Solar, Middle Solar, Glass Solar, River Solar, Ulm Solar, Sypes Canyon Solar, Sage Creek Solar, Bear Gulch Solar, Martin Solar, Cypress Creek Renewables Development, Valley View Solar, Canyon Creek Solar. (HEG) (Entered: 12/20/2018)
CLERK'S JUDGMENT in favor of Plaintiffs and against Defendants in the form of a declaratory judgment holding that the Whitehall Wind test utilized by Defendants in Order 7500 for determining QFs' continued eligibility to sell at rates under the prior QF-1 Tariff violates PURPA and its implementing regulations. It is Further Ordered that Judgment is entered in favor of Defendants in an order dismissing Part B of Plaintiffs prayer for relief. (HEG) (Entered: 11/30/2018)
OPINION AND ORDER: Plaintiffs' summary judgment motion (Doc. 35) is granted as to Part A of it's claim for relief. Defendants' summary judgment motion (Doc. 60) is denied as to Part A of plaintiffs' prayer for relief and granted as to Part B of Plaintiffs' prayer for relief. Although Plaintiffs request attorneys' fees and costs in Part C of their prayers for relief, they did not argue this issue in their briefs or during oral argument. Given that Plaintiffs prevailed only as to Part A of their claim for relief, the Court finds that neither party is entitled to fees or costs. The Clerk is directed to enter judgment in accordance with this order. Signed by Judge Charles C. Lovell on 11/30/2018. (HEG) (Entered: 11/30/2018)
TRANSCRIPT of Motion Hearing re 77 Transcript Designation Order Form, held on 10/16/18, before Judge Charles C. Lovell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the Clerks Office or the court reporter NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter Tina Brilz, 406-899-8912, tinabrilz@hotmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 12/4/2018. Redacted Transcript Deadline set for 12/14/2018. Release of Transcript Restriction set for 2/11/2019. (HEG) (Entered: 11/13/2018)
TRANSCRIPT DESIGNATION ORDER FORM by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar for proceedings held on 10/16/2018 before Judge Charles Lovell. Court reporter Tina Brilz. Transcript due by 12/6/2018. (McClafferty, Brianne) (Entered: 10/31/2018)
MINUTE ENTRYMinute Entry for proceedings held before Judge Charles C. Lovell: Motion Hearing held on 10/16/2018 re 60 and 35 Jennifer Selendy, Daniel Mach, and Brianne McClafferty present with Steven LeVitas Plaintiffs, and Jeremiah Langston, Justin Kraske, and Phillip Roselli present on behalf of Defendants, PSC. Court explains procedure he would like to follow for this mornings proceeding and reviews matter to date. Court hears argument from parties. The Court takes matter taken under advisement and deems matter submitted. Hearing commenced at 10:00 a.m. and concluded at 11:48 a.m.. (Court Reporter Tina Briliz.) (Law Clerk: R. French), (Hearing held in Helena) (DED) (Entered: 10/16/2018)
Set Hearings: Motion Hearing set for 10/16/2018 at 10:00 AM in Helena, MT before Judge Charles C. Lovell. Event docketed to correct the "year" of the hearing to correctly set it as ordered in 74 . (DED) Modified on 9/26/2018 Tina Brilz to report (HEG).
Set Hearings: Telephonic Status Conference set for 9/6/2018 at 10:30 AM in Helena, MT before Judge Charles C. Lovell. The Court will initiate the call to counsel. (DED)
Set Deadlines: Answer ddl as to all Defendants 6/27/18; Set Hearings: cross MSJ Hearing set for 9/5/2018 at 10:00 AM in Helena, MT before Judge Charles C. Lovell. Laurie Crutcher to report per Order 51. (DED) Modified on 7/31/2018 to add reporter info (HEG).
Set Answer Deadlines: Brad Johnson answer due 3/15/2018; Travis Kavulla answer due 3/13/2018; Roger Koopman answer due 3/15/2018; Bob Lake answer due 3/22/2018; Montana Public Service Commission answer due 3/23/2018; Tony O'Donnell answer due 3/15/2018. (HEG)
Remark: Support staff for Uda Law Firm was notified regarding documents 6, 7, and 8. Case numbers on the pleadings were missing. They were advised that all future filings are to include case numbers. (HEG)
MINUTE ENTRYMinute Entry for proceedings held before Judge Charles C. Lovell: Telephonic Status Conference held on 9/6/2018. William Mercer and Jennifer Selenday present on behalf of Plaintiffs; Justin Kraske and Philip Roselli present on behalf of Defendants. Court discusses with parties new hearing date for argument on cross motions for sj. (Law Clerk: R. French), (Hearing held in Helena) (DED) (Entered: 09/06/2018)
ORDER Setting Hearing on Motion 60 Cross MOTION for Summary Judgment, 35 MOTION for Summary Judgment : Motion Hearing set for 10/16/2016 at 10:00 AM in Helena, MT before Judge Charles C. Lovell. Signed by Judge Charles C. Lovell on 9/6/2018. Contract Court Reporter is Needed, (DED) (Entered: 09/06/2018)
Order Vacating 9/5/2018 motion hearing to be reset by further order of the Court. Signed by Judge Charles C. Lovell on 8/31/2018. (DED) (Entered: 08/31/2018)
Letter from Clerk of Court, Tyler P. Gilman regarding the requirements of CM/ECF registrations. Copy of Order (Doc. 71) and CM letter mailed to counsel. (HEG) (Entered: 08/17/2018)
ORDER granting 70 Motion to Appear Pro Hac Vice. Copy to S.N. for adding attorney information into the system. Signed by Judge Charles C. Lovell on 8/17/2018. (HEG) (Entered: 08/17/2018)
MOTION Philip J. Roselli to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2180410.) Justin W. Kraske appearing for Defendants Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell (Attachments: # 1 Affidavit of Philip J. Roselli, # 2 Text of Proposed Order) (Kraske, Justin) (Entered: 08/16/2018)
REPLY to Response to Motion re 60 Cross MOTION for Summary Judgment filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Langston, Jeremiah) (Entered: 08/01/2018)
RESPONSE to Motion re 60 Cross MOTION for Summary Judgment filed by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar. (Selendy, Jennifer) (Entered: 07/18/2018)
AFFIDAVIT in Support re 35 MOTION for Summary Judgment filed by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Selendy, Jennifer) (Entered: 07/11/2018)
Statement of Undisputed Fact re: 64 Reply to Response to Motion, by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar filed by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar. (Selendy, Jennifer) (Entered: 07/11/2018)
REPLY to Response to Motion re 35 MOTION for Summary Judgment filed by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar. (Selendy, Jennifer) (Entered: 07/11/2018)
Statement of Undisputed Fact re: 60 Cross MOTION for Summary Judgment by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Langston, Jeremiah) (Entered: 06/27/2018)
AFFIDAVIT in Support re 60 Cross MOTION for Summary Judgment of Justin Kraske filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Attachments: # 1 Exhibit, # 2 Exhibit) (Langston, Jeremiah) (Entered: 06/27/2018)
Brief/Memorandum in Support re 60 Cross MOTION for Summary Judgment filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Langston, Jeremiah) (Entered: 06/27/2018)
Cross MOTION for Summary Judgment Jeremiah R. Langston appearing for Defendants Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell (Langston, Jeremiah) (Entered: 06/27/2018)
RESPONSE TO 35 by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. Amendment to 56 Response to Motion for Summary Judgment correcting duplicated pages. (Langston, Jeremiah) Modified on 6/29/2018 to add response text and create associate to motion(HEG). (Entered: 06/27/2018)
Statement of Disputed Facts re: 56 Response to Motion filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Langston, Jeremiah) (Entered: 06/27/2018)
AFFIDAVIT in Opposition re 35 MOTION for Summary Judgment of William Rosquist filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit) (Langston, Jeremiah) (Entered: 06/27/2018)
SEE COMPLETE RESPONSE to Motion FILED AS AMENDED DOCUMENT AT 59 re 35 MOTION for Summary Judgment filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Langston, Jeremiah) Modified on 6/29/2018 to add text(HEG). (Entered: 06/27/2018)
Defendants' ANSWER to 1 Complaint,, Affirmative Defenses and Prayer for Relief by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Kraske, Justin) (Entered: 06/27/2018)
TRANSCRIPT DESIGNATION ORDER FORM by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell for proceedings held on 06/05/2018 before Judge Lovell. Court reporter Tina Brilz. Transcript due by 6/14/2018. (Kraske, Justin) (Entered: 06/11/2018)
TRANSCRIPT of Motion Hearing re 50 Transcript Designation Order Form, held on 6/5/2018, before Judge Charles C. Lovell. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER, the Clerks Office or the court reporter NOTICE: A NOTICE OF INTENT TO REQUEST REDACTION MUST BE FILED WITHIN 14 DAYS OF THIS FILING. Contact Court Reporter Tina Brilz, 406-899-8912, tinabrilz@hotmail.com. For further information, please see the Transcript Redaction Procedure and Schedule on the Court Reporters page of our website. Redaction Request due 6/29/2018. Redacted Transcript Deadline set for 7/9/2018. Release of Transcript Restriction set for 9/6/2018. (HEG) (Entered: 06/08/2018)
Notice of Correction: re 50 Transcript Designation Order Form,. The filing error relates to: Signature and Login Do not Match. See the attached document for a brief description of the error made. (HEG) (Entered: 06/06/2018)
ORDER setting hearing on SJ motions 9/5/2018, at 10:00 a.m., Courtroom II, USDC, Helena; Answer deadline 6/27/2018; any cross-motion SJ deadline 6/27/2018; denying 29 Motion to Stay; denying 29 Motion to Dismiss for Lack of Jurisdiction; denying 29 Motion to Dismiss for Failure to State a Claim; granting 39 Motion for Extension of Time to File Response/Reply re 35 MOTION for Summary Judgment (Responses due by 6/27/2018, Replies due by 7/11/2018, Motions ripe 7/11/2018); denying 41 Motion for Abeyance. Signed by Judge Charles C. Lovell on 6/5/2018. (MKB) (Entered: 06/05/2018)
TRANSCRIPT DESIGNATION ORDER FORM by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar for proceedings held on June 5, 2018 before Judge Lovell. Court reporter Tina Brilz. Transcript due by 7/12/2018. (Selendy, Jennifer) (Entered: 06/05/2018)
MINUTE ENTRYMinute Entry for proceedings held before Judge Charles C. Lovell: Motion Hearing held on 6/5/2018 Plaintiff representative Steve Levitas present with counsel Jennifer Selendy, Daniel Mach and William Mercer, Dft PSC counsel Jeremiah Langston and Justin Kraske present. Court presents guidelines for argument and hears from Mr. Langston on behalf of PSC, Ms. Selendy responds and addresses motions to stay and dismiss, Mr. Mach responds to the motion to hold in abeyance. Mr. Langston presents rebuttal. Ms. Selendy responds to request from Dft regarding deadline briefing on MSJ. Court states there is no answer from dfts and Court needs to take that into account. Court takes matter under advisement and will issue an order as soon as possible. Court proposes a final hearing date of 9/5 for argument on cross motions for sj. Court will set deadlines for parties by separate order.. Hearing commenced at 10:00 a.m. and concluded at 11:02 a.m.. (Court Reporter Tina Briliz.) (Law Clerk: M. Bentwood and R. French), (Hearing held in Helena) (DED) (Entered: 06/05/2018)
REPLY to Response to Motion re 39 MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment, 41 MOTION re 35 MOTION for Summary Judgment to Hold in Abeyance Plaintiffs' Motion for Summary Judgment, and Request for Expedited Briefing Schedule filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Langston, Jeremiah) (Entered: 05/31/2018)
NOTICE of Substitution of Counsel (Amended) by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar (McClafferty, Brianne) (Entered: 05/23/2018)
RESPONSE to Motion re 39 MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment, 41 MOTION re 35 MOTION for Summary Judgment to Hold in Abeyance Plaintiffs' Motion for Summary Judgment, and Request for Expedited Briefing Schedule filed by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar. (Attachments: # 1 Declaration of Jennifer M. Selendy in Opposition to Defendants' Motions for Extension of Time and to Hold in Abeyance Plaintiffs' Motion for Summary Judgment, # 2 Exhibit 1) (Selendy, Jennifer) (Entered: 05/17/2018)
ORDER Setting Hearing on Motion 29 MOTION to Stay MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 41 MOTION re 35 MOTION for Summary Judgment to Hold in Abeyance Plaintiffs' Motion for Summary Judgment, and Request for Expedited Briefing Schedule : Contract Court Reporter is Needed, Motion Hearing set for 6/5/2018 at 10:00 AM in Helena, MT before Judge Charles C. Lovell. Signed by Judge Charles C. Lovell on 5/4/2018. (DED) (Entered: 05/04/2018)
Brief/Memorandum in Support re 41 MOTION re 35 MOTION for Summary Judgment to Hold in Abeyance Plaintiffs' Motion for Summary Judgment, and Request for Expedited Briefing Schedule filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Kraske, Justin) (Entered: 05/03/2018)
MOTION re 35 MOTION for Summary Judgment to Hold in Abeyance Plaintiffs' Motion for Summary Judgment, and Request for Expedited Briefing Schedule Justin W. Kraske appearing for Defendants Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell (Attachments: # 1 Text of Proposed Order Prop Order re Abeyance, # 2 Text of Proposed Order Prop Order re Expedited Briefing) (Kraske, Justin) (Entered: 05/03/2018)
Brief/Memorandum in Support re 39 MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Langston, Jeremiah) (Entered: 05/03/2018)
MOTION for Extension of Time to File Response/Reply as to 35 MOTION for Summary Judgment Jeremiah R. Langston appearing for Defendants Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell (Attachments: # 1 Text of Proposed Order) (Langston, Jeremiah) (Entered: 05/03/2018)
Statement of Undisputed Fact re: 35 MOTION for Summary Judgment by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar filed by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar. (Selendy, Jennifer) (Entered: 04/19/2018)
Brief/Memorandum in Support re 35 MOTION for Summary Judgment filed by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar. (Selendy, Jennifer) (Entered: 04/19/2018)
MOTION for Summary Judgment Jennifer Selendy appearing for Plaintiffs Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, Valley View Solar (Selendy, Jennifer) (Entered: 04/19/2018)
REPLY to Response to Motion re 29 MOTION to Stay MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Attachments: # 1 Exhibit 1) (Langston, Jeremiah) (Entered: 04/17/2018)
REPLY to Response to Motion re 27 MOTION Motion for Judicial Notice of Proposed Rulemaking filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Attachments: # 1 Exhibit 1 to MPSC Reply Brief) (Kraske, Justin) (Entered: 04/10/2018)
RESPONSE to Motion re 29 MOTION to Stay MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM /Memorandum of Law in Opposition to Defendants' Partial Motion to Dismiss and Motion for Stay filed by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar. (Attachments: # 1 Affidavit Decalaration of Casey May) (Selendy, Jennifer) (Entered: 04/03/2018)
RESPONSE to Motion re 27 MOTION Motion for Judicial Notice of Proposed Rulemaking /Memorandum of Law in Opposition to Defendants' Motion for Judicial Notice filed by Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar. (Attachments: # 1 Affidavit /Declaration of Jennifer Selendy, # 2 Exhibit) (Selendy, Jennifer) (Entered: 03/27/2018)
Brief/Memorandum in Support re 29 MOTION to Stay MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Langston, Jeremiah) (Entered: 03/13/2018)
MOTION to Stay, MOTION to Dismiss for Lack of Jurisdiction, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Jeremiah R. Langston appearing for Defendants Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell (Langston, Jeremiah) Modified on 5/23/2018 Tina Brilz to report (HEG). (Entered: 03/13/2018)
Brief/Memorandum in Support re 27 MOTION Motion for Judicial Notice of Proposed Rulemaking filed by Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Montana Public Service Commission, Tony O'Donnell. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2) (Kraske, Justin) (Entered: 03/13/2018)
MOTION Motion for Judicial Notice of Proposed Rulemaking Justin W. Kraske appearing for Defendant Montana Public Service Commission, Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Tony O'Donnell (Kraske, Justin) Modified on 3/14/2018 to add additional defendants not selected during initial filing (HEG). (Entered: 03/13/2018)
AFFIDAVIT of Service for Summons and Complaint served on Tim Fox on Feb. 22, 2018, filed by Cypress Creek Renewables Development. (Uda, Michael) (Entered: 03/02/2018)
AFFIDAVIT of Service for Summons and Complaint served on Roger Koopman on Feb. 22, 2018, filed by Cypress Creek Renewables Development. (Uda, Michael) (Entered: 03/02/2018)
AFFIDAVIT of Service for Summons and Complaint served on Travis Kavulla on Feb. 20, 2018, filed by Cypress Creek Renewables Development. (Uda, Michael) (Entered: 03/02/2018)
AFFIDAVIT of Service for Summons and Complaint served on Brad Johnson on Feb. 22, 2018, filed by Cypress Creek Renewables Development. (Uda, Michael) (Entered: 03/02/2018)
AFFIDAVIT of Service for Summons and Complaint served on Public Service Commission on March 2, 2018, filed by Cypress Creek Renewables Development. (Uda, Michael) (Entered: 03/02/2018)
AFFIDAVIT of Service for Summons and Complaint served on Tony O'Donnell on Feb. 22, 2018, filed by Cypress Creek Renewables Development. (Uda, Michael) (Entered: 03/02/2018)
AFFIDAVIT of Service for Summons and Complaint served on Bob Lake on March 1, 2018, filed by Cypress Creek Renewables Development. (Uda, Michael) (Entered: 03/02/2018)
Summons Reissued as to Montana Public Service Commission. Summons reissued and provided to counsel due to local mail service and not receiving the one issued on 2/22. (HEG) (Entered: 03/02/2018)
Notice of Correction: re 15 Notice of Change of Address. The filing error relates to: General Form or Formatting of Document. See the attached document for a brief description of the error made. (HEG) (Entered: 02/20/2018)
Summons Reissued as to Brad Johnson, Travis Kavulla, Roger Koopman, Bob Lake, Tony O'Donnell and Tim Fox. Summonses Re-Issued due to counsel's error with proper notice of service. Re Issued Summonses mailed to counsel for service. (HEG) (Entered: 02/09/2018)
Letter from Clerk of Court, Tyler P. Gilman to PHV Counsel Philippe Selendy, Jennifer Selendy, and Daniel Mach regarding the requirements of electronic filing. (Attachments: # 1 Jennifer Selendy Registration Letter, # 2 Daniel Mach Registration Letter). Letters mailed to counsel. (HEG) (Entered: 01/29/2018)
ORDER granting 8 Motion to Appear Pro Hac Vice for Attorney Phillipe Selendy for Bear Gulch Solar,Canyon Creek Solar, Couch Solar,Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar,Sypes Canyon Solar,Ulm Solar,and Valley View Solar. Signed by Judge Charles C. Lovell on 1/29/2018. (DED) Modified on 1/29/2018 copy mailed to counsel(HEG). (Entered: 01/29/2018)
ORDER granting 7 Motion to Appear Pro Hac Vice for Attorney Jennifer Selendy for Bear Gulch Solar, Canyon Creek Solar,Couch Solar,Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar,and Valley View Solar. Signed by Judge Charles C. Lovell on 1/29/2018. (DED) Modified on 1/29/2018 copy mailed to counsel (HEG). (Entered: 01/29/2018)
ORDER granting 6 Motion to Appear Pro Hac Vice for Attorney Daniel P. Mach for Bear Gulch Solar, Canyon Creek Solar, Couch Solar, Cypress Creek Renewables Development, Fox Farm Solar, Glass Solar, Malt Solar, Martin Solar, Middle Solar, River Solar, Sage Creek Solar, Sypes Canyon Solar, Ulm Solar, and Valley View Solar. Signed by Judge Charles C. Lovell on 1/29/2018. (DED) Modified on 1/29/2018 copy mailed to counsel (HEG). (Entered: 01/29/2018)
MOTION Phillipe Selendy to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2072157.) Michael J. Uda appearing for Plaintiff Cypress Creek Renewables Development (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order) (Uda, Michael) (Entered: 01/18/2018)
MOTION Jennifer Selendy to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2072123.) Michael J. Uda appearing for Plaintiff Cypress Creek Renewables Development (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order) (Uda, Michael) (Entered: 01/18/2018)
MOTION Daniel P. Mach to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2072154.) Michael J. Uda appearing for Plaintiff Cypress Creek Renewables Development (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order) (Uda, Michael) (Entered: 01/18/2018)
Notice of Correction: re 2 MOTION Jennifer Selendy to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2072123.), 4 MOTION Philippe Selendy to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2072157.), 3 MOTION Daniel P. Mach to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2072154.). The filing error relates to: Chambers Request, General Form or Formatting of Document and no Proposed Order submitted. See the attached document for a brief description of the error made. (HEG) (Entered: 01/17/2018)
MOTION Philippe Selendy to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2072157.) Michael J. Uda appearing for Plaintiff Cypress Creek Renewables Development (Uda, Michael) (Entered: 01/16/2018)
MOTION Daniel P. Mach to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2072154.) Michael J. Uda appearing for Plaintiff Cypress Creek Renewables Development (Uda, Michael) (Entered: 01/16/2018)
MOTION Jennifer Selendy to Appear Pro Hac Vice ( Filing fee $ 255 receipt number 0977-2072123.) Michael J. Uda appearing for Plaintiff Cypress Creek Renewables Development (Uda, Michael) (Entered: 01/16/2018)
COMPLAINT against All Defendants, filed by Malt Solar, Sypes Canyon Solar, Fox Farm Solar, River Solar, Bear Gulch Solar, Valley View Solar, Martin Solar, Cypress Creek Renewables Development, Ulm Solar, Canyon Creek Solar, Glass Solar, Middle Solar, Sage Creek Solar, Couch Solar. (Attachments: # 1 Ex 1 Notice, # 2 Ntc Commission Action, # 3 Ex 3 Order, # 4 Ex 4 Procedural Order, # 5 Ex 5 Order Compel, # 6 Ex 6 Final Order, # 7 Ex 7 Order on Reconsideration, # 8 Ex 8 Order on Remand, # 9 Ex 9 Public Hearing Transcript, # 10 Civil Cover Sheet) (HEG) (Entered: 01/16/2018)
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