FPL ENERGY SEABROOK, LLC, et al v. USA
Federal Civil Lawsuit United States Court of Federal Claims, Case No. 1:04-cv-00088-RHH
District Judge Robert H. Hodges, Jr., presiding

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No Logo FPL ENERGY SEABROOK, LLC, Plaintiff

Toggle Switch Represented by Pillsbury Winthrop Shaw Pittman LLP

Name Phone Fax E-Mail
Space Alexander D. Tomaszczuk +1 703 770 7940 +1 703 770 7901 alex.tomaszczuk@pillsburylaw.com
No Logo HUDSON LIGHT AND POWER DEPARTMENT, Plaintiff

Toggle Switch Represented by Pillsbury Winthrop Shaw Pittman LLP

Name Phone Fax E-Mail
Space Alexander D. Tomaszczuk +1 703 770 7940 +1 703 770 7901 alex.tomaszczuk@pillsburylaw.com
No Logo MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, Plaintiff

Toggle Switch Represented by Pillsbury Winthrop Shaw Pittman LLP

Name Phone Fax E-Mail
Space Alexander D. Tomaszczuk +1 703 770 7940 +1 703 770 7901 alex.tomaszczuk@pillsburylaw.com
No Logo TAUNTON MUNICIPAL LIGHTING PLANT, Plaintiff

Toggle Switch Represented by Pillsbury Winthrop Shaw Pittman LLP

Name Phone Fax E-Mail
Space Alexander D. Tomaszczuk +1 703 770 7940 +1 703 770 7901 alex.tomaszczuk@pillsburylaw.com
v.
United States of America United States of America, Defendant
Officially listed as "USA"

Toggle Switch Represented by United States Department of Justice

Name Phone Fax E-Mail
Space John Clifford Ekman +1 202 353 0897 +1 202 307 2503 john.ekman@usdoj.gov
Office COFC
Filed 1/23/2004
Jury Demand None
Demand $0
Nature of Suit 536 - Spent Nuclear Fuel
Cause Section 28 U.S.C. § 1491 Tucker Act
Jurisdiction U.S. Government Defendant
Disposition
County None
Terminated
Origin 1
Reopened None
Lead Case None
Related Case
Other Court Case None
Def Custody Status
Flags ECF, SNF, STAYED
  Entries (37) Tab Overlap Calendar Events Tab Overlap Related (0) Tab Overlap Tools Right End
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Legal Document 30 Filed: 9/8/2008, Entered: 9/8/2008
RESPONSE to [29] MOTION To Coordinate Discovery And Develop A Litigation Plan For The Spent Nuclear Fuel Cases, filed by FPL ENERGY SEABROOK, LLC, MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, TAUNTON MUNICIPAL LIGHTING PLANT, HUDSON LIGHT AND POWER DEPARTMENT.Reply due by 9/22/2008. (Chu, Jack)
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    Legal Document 29 Filed: 8/21/2008, Entered: 8/21/2008
    MOTION To Coordinate Discovery And Develop A Litigation Plan For The Spent Nuclear Fuel Cases, filed by USA.Response due by 9/8/2008.(Sullivan, Marian)
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      Legal Document 28 Filed: 7/28/2005, Entered: 7/28/2005 Court Filing
      NOTICE of Reassignment to Judge Robert H. Hodges, Jr. (jat, )
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        Blank -- Filed: 7/28/2005, Entered: 7/28/2005
        Case Reassigned to Judge Robert H. Hodges, Jr. Judge Edward J. Damich no longer assigned to the case. (jat, )
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          Blank -- Filed: 7/27/2005, Entered: 7/27/2005
          ORDER: Pursuant to RCFC 40.1(b), and in order to promote the efficient administration of justice, this case is hereby transferred to Judge Robert H. Hodges, Jr., with his concurrence. Signed by Chief Judge Edward J. Damich. (jsb)
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            Legal Document 27 Filed: 4/7/2005, Entered: 4/7/2005
            NOTICE of Change of Address by Jack Yee-Chieh Chu (Chu, Jack)
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              Legal Document 26 Filed: 2/7/2005, Entered: 2/7/2005 Court Filing
              ORDER STAYING CASE. This case is stayed pending decision on motion to dismiss in Canal Electric Co. v. United States, #04-35 (Hodges). Signed by Chief Judge Edward J. Damich. (jsb)
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                Legal Document 25 Filed: 1/11/2005, Entered: 1/11/2005
                RESPONSE to [20] MOTION to Transfer and Consolidate in Accordance with RCFC 40.2(a)(3) and 42.1 (Corrected Per 1/03/2005 Order) filed by FPL ENERGY SEABROOK, LLC, MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, TAUNTON MUNICIPAL LIGHTING PLANT, HUDSON LIGHT AND POWER DEPARTMENT. Reply due by 1/25/2005. (Attachments: # (1) Purchase and Sale Agreement Between, Inter Alia, Canal Electric and FPL Energy Seabrook (Excerpts)# (2) 11/19/2002 Letter from FPL Energy Seabrook to Department of Energy)(Herzfeld, Daniel)
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                  Legal Document 24 Filed: 1/10/2005, Entered: 1/10/2005
                  REPLY to Response to Motion re [20] MOTION to Transfer and Consolidate by FPL Energy Seabrook and Canal Electric Company filed by USA. (Ekman, John)
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                    Blank -- Filed: 1/3/2005, Entered: 1/3/2005
                    ORDER granting [23] Plaintiff's Motion for Leave to File Corrected Response to [20] Defendant's Motion to Transfer and Consolidate. Under electronic case filing (ECF) protocol, motions for leave must be granted before the document in question may be filed. Therefore, Plaintiff must now re-submit its Response with the appropriate attachments as a separate filing under ECF. Further, Plaintiff shall caption its re-filed Response in the name of both cases, Canal Electric Company, #04-35, and the instant case, #04-88, and shall note above the first caption that the cases are unconsolidated. Signed by Chief Judge Edward J. Damich. (jsb)
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                      Legal Document 23 Filed: 12/28/2004, Entered: 12/28/2004, Terminated: 1/3/2005 Motion for Leave to File
                      MOTION for Leave to File Corrected Response to Defendant's Motion to Transfer and Consolidate in Accordance with RCFC 40.2(a)(3) and 42.1 by FPL ENERGY SEABROOK, LLC, MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, TAUNTON MUNICIPAL LIGHTING PLANT, HUDSON LIGHT AND POWER DEPARTMENT. Response due by 1/14/2005 (Attachments: # (1) Attachment 1 - Corrected Response Brief# (2) Attachment 2 - Purchase and Sale Agreement Between, Inter Alia, Canal Electric and FPL Energy Seabrook (Excerpts) (Apr. 13, 2002) (Attachment 1 to Corrected Brief)# (3) Attachment 3 - 11/19/2002 Letter from FPL Energy Seabrook to Department of Energy (Attachment 2 to Corrected Brief))(Herzfeld, Daniel)
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                        Legal Document 22 Filed: 12/27/2004, Entered: 12/27/2004
                        RESPONSE to [20] MOTION to Transfer and Consolidate filed by CANAL ELECTRIC COMPANY. Reply due by 1/10/2005. (Conway, Richard)
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                          Legal Document 21 Filed: 12/27/2004, Entered: 12/27/2004
                          RESPONSE to DEFENDANT'S MOTION TO TRANSFER AND CONSOLIDATE IN ACCORDANCE WITH RCFC 40.2(a)(3) AND 42.1 filed by FPL ENERGY SEABROOK, LLC, MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, TAUNTON MUNICIPAL LIGHTING PLANT, HUDSON LIGHT AND POWER DEPARTMENT. (Chu, Jack)
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                            Legal Document 20 Filed: 12/9/2004, Entered: 12/9/2004, Terminated: 7/27/2005 Motion to Transfer
                            MOTION to Transfer and Consolidate by USA. Response due by 12/27/2004 (Ekman, John)
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                              Legal Document 19 Filed: 11/24/2004, Entered: 11/24/2004
                              NOTICE of Directly Related Case(s) [04-0035] by USA , Response to Plaintiff Canal Electric's "Notice of Related Case," and Motion to Transfer and Consolidate. (Ekman, John)
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                                Blank -- Filed: 6/8/2004, Entered: 6/8/2004
                                Minute Entry for proceedings held before Judge Diane Gilbert Sypolt: pre-Discovery Hearing held on 4/30/04. (sms)
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                                  Legal Document 18 Filed: 5/14/2004, Entered: 5/14/2004
                                  NOTICE of Appearance by John Clifford Ekman for USA. (Ekman, John)
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                                    Blank -- Filed: 5/14/2004, Entered: 5/14/2004
                                    *** Attorney Harold Dewitt Lester terminated. (dw1)
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                                      Legal Document 17 Filed: 5/12/2004, Entered: 5/12/2004 Court Filing
                                      ORDER entered on [11] Defendant's Motion to Stay: staying discovery on rate of acceptance or damages issues, with exceptions, through December 31, 2004. Signed by Chief Judge Edward J. Damich.(jsb)
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                                        Legal Document 16 Filed: 4/23/2004, Entered: 4/23/2004
                                        RESPONSE to [13] Order regarding pre-discovery conference to be convened on April 30, 2004 filed by USA. (Attachments: # (1) # (2) # (3))(Lester, Harold)
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                                        Legal Document 15 Filed: 4/23/2004, Entered: 4/23/2004
                                        RESPONSE to [11] MOTION to Stay All Proceedings Or, In The Alternative, For Coordinated Discovery filed by FPL ENERGY SEABROOK, LLC, HUDSON LIGHT AND POWER DEPARTMENT, MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, TAUNTON MUNICIPAL LIGHTING PLANT. Reply due by 5/7/2004. (Herzfeld, Daniel)
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                                          Legal Document 14 Filed: 4/23/2004, Entered: 4/23/2004
                                          STATUS REPORT by FPL ENERGY SEABROOK, LLC, HUDSON LIGHT AND POWER DEPARTMENT, MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, TAUNTON MUNICIPAL LIGHTING PLANT. (Herzfeld, Daniel)
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                                            Legal Document 13 Filed: 4/14/2004, Entered: 4/14/2004 Court Filing
                                            ORDER directing the parties to submit discovery report by 4/23/04 and noting pre-discovery conference scheduled for 4/30/04 before Judge Sypolt. Signed by Chief Judge Edward J. Damich. (sms)
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                                              Blank -- Filed: 4/14/2004, Entered: 4/14/2004
                                              Set Deadlines/Hearings: Parties Discovery Report due by 4/23/2004. Pre-Discovery Conference set for 4/30/2004 02:00 PM in National Courts Building before Chief Judge Edward J. Damich. (dw1)
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                                                Blank -- Filed: 4/9/2004, Entered: 4/9/2004
                                                ORDER granting [12] Motion for Extension of Time to File Response re [11] MOTION to Stay All Proceedings Or, In The Alternative, For Coordinated Discovery. Response due by 4/23/2004. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                  Legal Document 12 Filed: 4/8/2004, Entered: 4/8/2004, Terminated: 4/9/2004 Motion for Extension of Time to File Response/Repl
                                                  MOTION for Extension of Time to File Response/Reply as to [11] MOTION to Stay All Proceedings Or, In The Alternative, For Coordinated Discovery,until 04/23/2004, (Unopposed) by FPL ENERGY SEABROOK, LLC, HUDSON LIGHT AND POWER DEPARTMENT, MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, TAUNTON MUNICIPAL LIGHTING PLANT. Response due by 4/26/2004 (Herzfeld, Daniel)
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                                                    Legal Document 11 Filed: 3/23/2004, Entered: 3/23/2004, Terminated: 5/12/2004 Motion to Stay
                                                    MOTION to Stay All Proceedings Or, In The Alternative, For Coordinated Discovery by USA. Response due by 4/9/2004 (Lester, Harold)
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                                                      Legal Document 10 Filed: 3/23/2004, Entered: 3/23/2004
                                                      NOTICE of Appearance by Harold Dewitt Lester Jr. for USA. (Lester, Harold)
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                                                        Legal Document 9 Filed: 2/13/2004, Entered: 2/13/2004 Court Filing
                                                        Standard Special Procedures ORDER.Signed by Chief Judge Edward J. Damich. (jsb)
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                                                          Legal Document 8 Filed: 2/13/2004, Entered: 2/13/2004 Court Filing
                                                          ORDER granting [5] Motion for Leave to Appear pro hac vice.Signed by Chief Judge Edward J. Damich. (jsb)
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                                                            Legal Document 7 Filed: 2/13/2004, Entered: 2/13/2004 Court Filing
                                                            ORDER granting [4] Motion for Leave to Appear pro hac vice. Signed by Chief Judge Edward J. Damich. (jsb)
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                                                              Legal Document 6 Filed: 1/23/2004, Entered: 2/2/2004 Notice of Designation of Electronic Case
                                                              NOTICE of Designation of Electronic Case. (lg1, )
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                                                                Legal Document 5 Filed: 1/23/2004, Entered: 2/2/2004, Terminated: 2/13/2004 Terminated:
                                                                MOTION for Leave to Appear PRO HAC VICE(Robert G. Funke)as counsel of record to the Taunton Municipal Lighting Plant (TMLP) by FPL ENERGY SEABROOK, LLC, HUDSON LIGHT AND POWER DEPARTMENT, MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, TAUNTON MUNICIPAL LIGHTING PLANT.Service: 1/23/2004. Response due by 2/9/2004 (lg1, ).
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                                                                  Legal Document 4 Filed: 1/23/2004, Entered: 2/2/2004, Terminated: 2/13/2004 Terminated:
                                                                  MOTION for Leave to Appear Pro Hac Vice(Anthony Scobbo) as counsel of record to the Massachusetts Municipal Wholesale Electric Company (MMWEC)and Hudson Light and Power Department (HLPD) by FPL ENERGY SEABROOK, LLC, HUDSON LIGHT AND POWER DEPARTMENT, MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, TAUNTON MUNICIPAL LIGHTING PLANT.Service: 1/23/2004(copy to defendant). Response due by 2/9/2004 (lg1, ).
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                                                                    Legal Document 3 Filed: 1/23/2004, Entered: 2/2/2004 Notice of Indirectly Related Case(s)
                                                                    NOTICE of Indirectly Related Case(s) [04-0084C, 04-0083C, 04-0071C, 04-0070C, 04-0069C, 04-0068C, 04-0067C, 04-0037C, 04-0036C, 04-0035C, 04-0034C, 04-0033C, 04-0010C, 03-2832C, 03-2663C, 03-2627C, 03-2626C, 03-2625C, 03-2624C, 03-2623C, 03-2622C, 03-2621C, 03-2505C, 02-1894C, 02-926C, 02-898C, 01-551C, 01-249C, 01-116C, 01-115C, 00-703C, 00-697C, 00-440C, 99-447C, 98-621C, 98-614C, 98-488C, 98-486C, 98-485C, 98-484C, 98-483C, 98-474C, 98-154C and 98-126C] by FPL ENERGY SEABROOK, LLC, HUDSON LIGHT AND POWER DEPARTMENT, MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, TAUNTON MUNICIPAL LIGHTING PLANT. Service: 1/23/2004.(lg1, )
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                                                                      Legal Document 2 Filed: 1/23/2004, Entered: 2/2/2004 Notice Of AssignmentCourt Filing
                                                                      NOTICE of Assignment to Judge Edward J. Damich. (lg1, )
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                                                                        Legal Document 1 Filed: 1/23/2004, Entered: 2/2/2004 Complaint
                                                                        COMPLAINT against USA (DOE) ( Filing fee $150, Receipt number 059557), filed by FPL ENERGY SEABROOK, LLC, HUDSON LIGHT AND POWER DEPARTMENT, MASSACHUSETTS MUNICIPAL WHOLESALE ELECTRIC COMPANY, TAUNTON MUNICIPAL LIGHTING PLANT.Answer Due by 3/23/2004. (Attachments: # (1) Civil Cover Sheet)(lg1, )
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