Case details

Court: pamd
Docket #: 4:13-cv-00785
Case Name: Columbia Gas Transmission, LLC v. 1.5561 Acres, More or Less in Heidelberg Township, York County Pennsylvania, Located on Tax ID# 30000ED010300000000, Owned By Myron A. Herr and Mary Jo Herr et al
PACER case #: 93232
Date filed: 2013-03-26
Date terminated: 2013-11-15
Assigned to: Honorable Matthew W. Brann
Case Cause: 15:717 Natural Gas Act
Nature of Suit: 210 Condemnation
Jury Demand: None
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Columbia Gas Transmission, LLC
Plaintiff
 
Courtney S. Schorr
McGuire Woods LLP
625 Liberty Avenue
23rd and 27th Floors
Pittsburgh, PA 15222
412-667-7947
Fax: 412-667-7952
Email: cschorr@mcguirewoods.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Erin N. Fischer
McGuire Woods LLP
625 Liberty Ave
23rd Floor
EQT Plaza
Pittsburgh, PA 15222
412.667.7919
Email: efischer@mcguirewoods.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

John D. Wilburn
McGuireWoods LLP
1750 Tysons Boulevard
Suite 1800
Tysons, VA 22102-4215
(703) 712-5372
Email: jwilburn@mcguirewoods.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

M. Melissa Glassman
McGuireWoods LLP
1750 Tysons Boulevard
Suite 1800
McLean, VA 22102-4215
(703) 712-5351
Email: mglassman@mcguirewoods.com
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

Anastasia P Cordova
McGuireWoods LLP
1750 Tysons Blvd.
Ste 1800
Tysons Corner, VA 22102
703-712-5004
Email: acordova@mcguirewoods.com
ATTORNEY TO BE NOTICED
1.5561 Acres, More or Less in Heidelberg Township, York County Pennsylvania, Located on Tax ID# 30000ED010300000000, Owned By Myron A. Herr and Mary Jo Herr
Defendant
Myron A. Herr
Defendant
 
Michael F. Faherty
Lavery, Faherty, Young and Patterson PC
225 Market Street
P.O. Box 1245
Harrisburg, PA 17108-1245
717-233-6633
Fax: 17172337003
Email: mfaherty@laverylaw.com
ATTORNEY TO BE NOTICED
Mary Jo Herr
Defendant
 
Michael F. Faherty
(See above for address)
ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2013-03-26 1 0 COMPLAINT against 1.5561 Acres, More or Less in Heidelberg Township, York County Pennsylvania, Located on Tax ID# 30000ED010300000000, Owned By Myron A. Herr and Mary Jo Herr, Mary Jo Herr, Myron A. Herr ( Filing fee $350, Receipt Number 0314-2735963), filed by Columbia Gas Transmission, LLC. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit(s) Table of Contents, # 3 Exhibit(s) 1, # 4 Exhibit(s) 2, # 5 Exhibit(s) 3, # 6 Exhibit(s) 4)(dh) (Entered: 03/27/2013)
2013-03-26 2 0 DISCLOSURE STATEMENT PURSUANT TO FRCP 7.1 by Columbia Gas Transmission, LLC identifying Corporate Parent NiSource, Inc. for Columbia Gas Transmission, LLC. (dh) (Entered: 03/27/2013)
2013-03-26 3 0 NOTICE OF CONDEMNATION filed by Columbia Gas Transmission, LLC. (dh) (Entered: 03/27/2013)
2013-03-27 4 0 Summons Issued as to Mary Jo Herr, Myron A. Herr and provided TO ATTORNEY ELECTRONICALLY VIA ECF for service on Defendant(s)in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure. (NOTICE TO ATTORNEYS RECEIVING THE SUMMONS ELECTRONICALLY: You must print the summons and the attachment when you receive it in your e-mail and serve them with the complaint on all defendants in the manner prescribed by Rule 4 of the Federal Rules of Civil Procedure). (dh) (Entered: 03/27/2013)
2013-04-08 5 0 LETTER to Counsel from Court Re: Case Assignment and Procedures. Signed by Honorable Matthew W. Brann on 4/8/13. (km) (Entered: 04/08/2013)
2013-04-11 6 0 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by M. Melissa Glassman on behalf of Columbia Gas Transmission, LLC Attorney M. Melissa Glassman is seeking special admission. Filing fee $ 50, receipt number 0314-2750013.. (Glassman, M.) (Entered: 04/11/2013)
2013-04-11 7 0 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Courtney S. Schorr on behalf of Columbia Gas Transmission, LLC Attorney Courtney S. Schorr is seeking special admission. Filing fee $ 50, receipt number 0314-2750107.. (Schorr, Courtney) (Entered: 04/11/2013)
2013-04-11 8 0 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by John D. Wilburn on behalf of Columbia Gas Transmission, LLC Attorney John D. Wilburn is seeking special admission. Filing fee $ 50, receipt number 0314-2750166.. (Wilburn, John) (Entered: 04/11/2013)
2013-04-17 9 0 SPECIAL ADMISSIONS FORM APPROVED as to M. Melissa Glassman, Esquire, on behalf of Columbia Gas Transmission, LLC.Signed by Honorable Matthew W. Brann on 4/16/13. (km) (Entered: 04/17/2013)
2013-04-17 10 0 SPECIAL ADMISSIONS FORM APPROVED as to Courtney S. Schorr, Esquire, on behalf of Columbia Gas Transmission, LLC.Signed by Honorable Matthew W. Brann on 4/16/2013. (km) (Entered: 04/17/2013)
2013-04-17 11 0 SPECIAL ADMISSIONS FORM APPROVED as to John David Wilburn, Esquire, on behalf of Columbia Gas Transmission, LLC.Signed by Honorable Matthew W. Brann on 4/16/2013. (km) (Entered: 04/17/2013)
2013-04-19 12 0 SUMMONS Returned Executed by Columbia Gas Transmission, LLC. Mary Jo Herr served on 4/5/2013, answer due 4/26/2013; Myron A. Herr served on 4/5/2013, answer due 4/26/2013. (Attachments: # 1 Exhibit(s) A)(Schorr, Courtney) (Entered: 04/19/2013)
2013-04-24 13 0 NOTICE of Appearance by Michael F. Faherty on behalf of Mary Jo Herr, Myron A. Herr (Faherty, Michael) (Entered: 04/24/2013)
2013-04-24 14 0 DEFENDANT'S ANSWER to 1 Complaint, IN CONDEMNATION by Mary Jo Herr, Myron A. Herr.(Faherty, Michael) (Entered: 04/24/2013)
2013-05-22 15 0 SCHEDULING ORDER: Initial Case Management Conference by telephone set for 6/13/2013 10:30 AM before Honorable Matthew W. Brann. (See order for details.)Signed by Honorable Matthew W. Brann on 5/22/13. (km) (Entered: 05/22/2013)
2013-05-24 16 0 MOTION for Partial Summary Judgment and for Immediate Possession of the Easements by Columbia Gas Transmission, LLC. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Schorr, Courtney) (Entered: 05/24/2013)
2013-05-24 17 0 STATEMENT OF FACTS re 16 MOTION for Partial Summary Judgment and for Immediate Possession of the Easements filed by Columbia Gas Transmission, LLC. (Attachments: # 1 Affidavit)(Schorr, Courtney) (Entered: 05/24/2013)
2013-05-24 18 0 BRIEF IN SUPPORT re 16 MOTION for Partial Summary Judgment and for Immediate Possession of the Easements filed by Columbia Gas Transmission, LLC. (Attachments: # 1 Appendix, # 2 Exhibit(s) 1, # 3 Exhibit(s) 2, # 4 Exhibit(s) 3, # 5 Exhibit(s) 4, # 6 Exhibit(s) 5)(Schorr, Courtney) (Entered: 05/24/2013)
2013-05-24 19 0 MOTION for Hearing re 16 MOTION for Partial Summary Judgment and for Immediate Possession of the Easements by Columbia Gas Transmission, LLC.(Schorr, Courtney) (Entered: 05/24/2013)
2013-06-07 20 0 CASE MANAGEMENT PLAN (Joint) by Columbia Gas Transmission, LLC. (Schorr, Courtney) (Entered: 06/07/2013)
2013-06-10 21 0 BRIEF IN OPPOSITION re 16 MOTION for Partial Summary Judgment and for Immediate Possession of the Easements filed by Mary Jo Herr, Myron A. Herr.(Faherty, Michael) (Entered: 06/10/2013)
2013-06-10 22 0 STATEMENT OF FACTS re 16 MOTION for Partial Summary Judgment and for Immediate Possession of the Easements IN OPPOSITION filed by Mary Jo Herr, Myron A. Herr.(Faherty, Michael) (Entered: 06/10/2013)
2013-06-12 23 0 MOTION for Summary Judgment by Mary Jo Herr, Myron A. Herr. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Faherty, Michael) (Entered: 06/12/2013)
2013-06-12 24 0 BRIEF IN SUPPORT re 23 MOTION for Summary Judgment filed by Mary Jo Herr, Myron A. Herr.(Faherty, Michael) (Entered: 06/12/2013)
2013-06-14 26 0 ORDER: Following an initial case management conference, IT IS ORDERED THAT: Such discovery shall conclude on or before sixty (60) days from thedate of this Order. Counsel are reminded, in light of their desire for expeditious disposition of their motions, to submit all papers in accordance with Local Rule 56.1, admitting all facts not genuinely in dispute, supplementing their admissions as necessary. Plaintiff's motion for hearing, filed May 24, 2013, ECF No. 19, is DENIED. Signed by Honorable Matthew W. Brann on 6/14/13. (km) (Entered: 06/14/2013)
2013-06-21 27 0 NOTICE by Columbia Gas Transmission, LLC re 1 Complaint, Corrected Exhibit 3 (Attachments: # 1 Exhibit(s) A)(Schorr, Courtney) (Entered: 06/21/2013)
2013-06-24 28 0 REPLY BRIEF re 16 MOTION for Partial Summary Judgment and for Immediate Possession of the Easements filed by Columbia Gas Transmission, LLC. (Attachments: # 1 Exhibit(s) 1)(Schorr, Courtney) (Entered: 06/24/2013)
2013-07-03 29 0 BRIEF IN OPPOSITION re 23 MOTION for Summary Judgment of Myron and Mary Jo Herr filed by Columbia Gas Transmission, LLC. (Attachments: # 1 Exhibit(s) 1 (Kaleta v. Clausi))(Schorr, Courtney) (Entered: 07/03/2013)
2013-08-13 30 0 MOTION for Extension of Time to Complete Discovery EXTENSION by Mary Jo Herr, Myron A. Herr. (Attachments: # 1 Exhibit(s) A-FERC Financial Report, # 2 Exhibit(s) B-Eligible Facilities Plan, # 3 Proposed Order, # 4 Certificate of Nonconcurrence)(Faherty, Michael) (Entered: 08/13/2013)
2013-08-22 31 0 EXHIBIT A by Mary Jo Herr, Myron A. Herr. (Attachments: # 1 Exhibit(s) B-Eligible Facilities Plan, # 2 Exhibit(s) C-Map)(Faherty, Michael) (Entered: 08/22/2013)
2013-08-26 32 0 BRIEF IN OPPOSITION re 30 MOTION for Extension of Time to Complete Discovery EXTENSION filed by Columbia Gas Transmission, LLC. (Attachments: # 1 Exhibit(s) List, # 2 Exhibit(s) 1 (Letter), # 3 Exhibit(s) 2 (Letter), # 4 Exhibit(s) 3 (Letter), # 5 Exhibit(s) 4 (Letter and 30(b)(6) Notice)(Schorr, Courtney) (Entered: 08/26/2013)
2013-08-27 33 0 BRIEF IN SUPPORT re 30 MOTION for Extension of Time to Complete Discovery EXTENSION filed by Mary Jo Herr, Myron A. Herr. (Attachments: # 1 Proposed Order)(Faherty, Michael) (Entered: 08/27/2013)
2013-10-01 34 0 Letter from Courtney Schorr to Judge Matthew W. Brann. (Schorr, Courtney) (Entered: 10/01/2013)
2013-10-04 35 0 Letter from Michael F. Faherty to Judge Matthew W. Brann in response to letter from Courtney Schorr (Doc # 34) . (Attachments: # 1 Exhibit(s) B - Eligible Facilities Plan Pages 15 and 16, # 2 Exhibit(s) C - Columbia Gas Line 1655)(Faherty, Michael) (Entered: 10/04/2013)
2013-10-04 36 0 SCHEDULING ORDER: Oral Argument w/respect to plaintiff's 16 MOTION for Partial Summary Judgment and for Immediate Possession of the Easements and defendants' 23 MOTION for Summary Judgment set for 10/10/2013 01:30 PM in Williamsport - Courtroom 3 before Honorable Matthew W. Brann. Signed by Honorable Matthew W. Brann on 10/4/13. (km) (Entered: 10/04/2013)
2013-10-11 38 0 COURT REPORTER NOTES OF PROCEEDINGS filed by Lori A. Fausnaught, RMR/CRR of oral argument before Judge Matthew W. Brann on October 10, 2013. In accordance with 28 U.S.C. Section 753(b), I certify that these original notes are a true and correct record of proceedings in the United States District Court for the Middle District of PA before Judge Matthew W. Brann on October 10, 2013. By s/ Lori A. Fausnaught, RMR/CRR. (Court Reporter Notes are viewable by court staff only). (cr6, ) (Entered: 10/11/2013)
2013-10-17 39 0 Supplement by Mary Jo Herr, Myron A. Herr. Supplemental Brief Following Oral Argument. (Attachments: # 1 Appendix A-Guidance on Repairs to Interstate Natural Gas Pipelines Pursuant to FERC Regulations)(Faherty, Michael) (Entered: 10/17/2013)
2013-10-18 40 0 REPLY BRIEF re 23 MOTION for Summary Judgment , 16 MOTION for Partial Summary Judgment and for Immediate Possession of the Easements (Brief In Opposition to Defendants Supplemental Brief Following Oral Argument) filed by Columbia Gas Transmission, LLC.(Wilburn, John) (Entered: 10/18/2013)
2013-10-24 41 0 MEMORANDUM (Order to follow as separate docket entry) re 16 MOTION for Partial Summary Judgment and for Immediate Possession of the Easements filed by Columbia Gas Transmission, LLC. Signed by Honorable Matthew W. Brann on 10/24/13. (lg) (Entered: 10/24/2013)
2013-10-24 42 0 ORDER (memorandum filed previously as separate docket entry) Signed by Honorable Matthew W. Brann on 10/24/13: motion of Columbia Gas Transmission LLC for partial summary judgment DENIED; a telephonic status conference is scheduled for 11/5/2013 at 10:00 am; plaintiff's counsel shall initiate the call. Court can be reached at 570-323-9772. (lg) (Entered: 10/24/2013)
2013-11-04 43 0 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of proceedings, oral argument held on October 10, 2013, before Judge Matthew W. Brann. Court Reporter Lori A. Fausnaught, RMR/CRR, Telephone number 570.323.6704. Tape Number: Lori_Fausnaught@pamd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/25/2013. Redacted Transcript Deadline set for 12/5/2013. Release of Transcript Restriction set for 2/2/2014. (cr6, ) (Entered: 11/04/2013)
2013-11-15 45 0 ORDER: The motion of defendants for summary judgment (ECF No. 23) is GRANTED; defendants's motion at ECF No. 30 is DENIED as moot; final judgment is entered in favor of defendants and against plaintiff; the Clerk of Court is directed to close the case file. Signed by Honorable Matthew W. Brann on 11/15/13. (km) (Entered: 11/15/2013)
2013-11-15 46 0 JUDGMENT be and is hereby entered in favor of defendants and against plaintiff pursuant to the Court's Order entered this date, ECF No. 45. Signed by deputy clerk on 11/15/13. (km) (Entered: 11/15/2013)
2013-11-15 47 0 NOTICE OF APPEAL in NON-PRISONER Case as to 46 Judgment, 45 Order on Motion for Summary Judgment, Order on Motion for Extension of Time to Complete Discovery,, by Columbia Gas Transmission, LLC. Filing Fee and Docket Fee PAID. Filing fee $ 455, receipt number 0314-2938866. Court Reporter Lori Fausnaught. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Wilburn, John) (Entered: 11/15/2013)
2013-11-20 48 0 USCA Case Number 13-4460 for 47 Notice of Appeal, filed by Columbia Gas Transmission, LLC. USCA Case Manager Stephanie(SMW) (DOCUMENT IS RESTRICTED AND CAN ONLY BE VIEWED BY COURT STAFF). (Gillie, Caitlyn) (Entered: 11/20/2013)
2013-11-22 49 0 TRANSCRIPT PURCHASE ORDER REQUEST by Columbia Gas Transmission, LLC before Judge Matthew W. Brann, (Wilburn, John) (Entered: 11/22/2013)
2013-12-13 50 0 MOTION to Alter Judgment by Columbia Gas Transmission, LLC. (Attachments: # 1 Certificate of Nonconcurrence, # 2 Proposed Order)(Wilburn, John) (Entered: 12/13/2013)
2013-12-13 51 0 BRIEF IN SUPPORT re 50 MOTION to Alter Judgment filed by Columbia Gas Transmission, LLC. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3)(Wilburn, John) (Entered: 12/13/2013)
2013-12-13 52 0 Letter from J. Wilburn re: Motion to Alter, Amend and/or Reconsider Judgment . (Wilburn, John) (Entered: 12/13/2013)
2013-12-18 53 0 PETITION FOR SPECIAL ADMISSION (PRO HAC VICE) by Anastasia P Cordova on behalf of Columbia Gas Transmission, LLC Attorney Anastasia Cordova is seeking special admission. Filing fee $ 50, receipt number 0314-2967790.. (Cordova, Anastasia) (Entered: 12/18/2013)
2013-12-20 54 0 SPECIAL ADMISSIONS FORM APPROVED as to Anastasia P. Cordova, Esquire, on behalf of Columbia Gas Transmission, LLC.Signed by Honorable Matthew W. Brann on 12/20/13. (km) (Entered: 12/20/2013)
2013-12-31 55 0 RESPONSE by Mary Jo Herr, Myron A. Herr to 50 MOTION to Alter Judgment . (Faherty, Michael) (Entered: 12/31/2013)
2013-12-31 56 0 BRIEF IN OPPOSITION re 50 MOTION to Alter Judgment filed by Mary Jo Herr, Myron A. Herr. (Attachments: # 1 Proposed Order)(Faherty, Michael) (Entered: 12/31/2013)
2014-01-14 57 0 REPLY BRIEF re 50 MOTION to Alter Judgment (In Support of Plaintiff's Rule 59(E)) filed by Columbia Gas Transmission, LLC.(Wilburn, John) (Entered: 01/14/2014)
2014-01-30 58 0 MOTION for Hearing re 50 MOTION to Alter Judgment by Columbia Gas Transmission, LLC.(Wilburn, John) (Entered: 01/30/2014)
2014-02-07 59 0 MOTION for Hearing re 50 MOTION to Alter Judgment , Amend and/or Reconsider (Or Hold Joint Status Conference) by Columbia Gas Transmission, LLC.(Wilburn, John) (Entered: 02/07/2014)
2014-02-20 60 0 RESPONSE by Mary Jo Herr, Myron A. Herr to 59 MOTION for Hearing re 50 MOTION to Alter Judgment , Amend and/or Reconsider (Or Hold Joint Status Conference) . (Attachments: # 1 Proposed Order, # 2 Exhibit(s) A-Part 157 Certificate)(Faherty, Michael) (Entered: 02/20/2014)
2014-02-28 61 0 ORDER: GRANTING 59 MOTION for Hearing re 50 MOTION to Alter Judgment, Amend and/or Reconsider (Or Hold Joint Status Conference)filed by Columbia Gas Transmission, LLC. SCHEDULING a Telephone Status Conference for 3/7/2014 02:00 PM before Honorable Matthew W. Brann. (See Order for details.)Signed by Honorable Matthew W. Brann on 2/28/14. (km) (Entered: 02/28/2014)
2014-03-05 62 0 REPLY BRIEF re 59 MOTION for Hearing re 50 MOTION to Alter Judgment , Amend and/or Reconsider (Or Hold Joint Status Conference) [Response to Substantive Arguments Raised In Defendants' Reply] filed by Columbia Gas Transmission, LLC.(Wilburn, John) (Entered: 03/05/2014)
2014-04-07 63 0 First MOTION for Reconsideration re 41 Memorandum (Order to follow as separate docket entry) by Mary Jo Herr, Myron A. Herr. (Attachments: # 1 Exhibit(s) FERC Financial Report, # 2 Exhibit(s) Eligible Facilities Plan, # 3 Certificate of Nonconcurrence)(Faherty, Michael) (Entered: 04/07/2014)
2014-04-07 64 0 BRIEF IN SUPPORT re 63 First MOTION for Reconsideration re 41 Memorandum (Order to follow as separate docket entry) filed by Mary Jo Herr, Myron A. Herr.(Faherty, Michael) (Entered: 04/07/2014)
2014-05-07 66 0 MOTION To Hold Joint Status Conference on the Status of Plaintiff's Rule 59(E) re 50 MOTION to Alter Judgment (Amend and/or Reconsider Judgment) by Columbia Gas Transmission, LLC.(Cordova, Anastasia) (Entered: 05/07/2014)
2014-05-20 67 0 MEMORANDUM (Order to follow as separate docket entry) - Re Plaintiff's motion to alter or amend judgment 50 ; defendants' motion 63 and plaintiff's motion 66 . Signed by Honorable Matthew W. Brann on 5/20/14. (km) (Entered: 05/20/2014)
2014-05-20 68 0 ORDER: In accordance with the Memorandum filed this date as separate docket entry no. 67, IT IS ORDERED THAT: Plaintiff's motion to alter or amend judgment in 4:13-cv-00785 (ECF No. 50) is DENIED; defendants's motion at ECF No. 63 is DENIED as moot; and plaintiff's motion at ECF No. 66 is DENIED as moot. Signed by Honorable Matthew W. Brann on 5/20/14. (km) (Entered: 05/20/2014)
2014-05-22 69 0 AMENDED NOTICE OF APPEAL (FRAP 4(a)4 Amendment) as to 68 Order (memorandum filed previously as separate docket entry), Terminate Motions,, 67 Memorandum (Order to follow as separate docket entry) by Columbia Gas Transmission, LLC. The Clerk's Office hereby certifies the record and the docket sheet available through ECF to be the certified list in lieu of the record and/or the certified copy of the docket entries. (Cordova, Anastasia) (Entered: 05/22/2014)
2014-05-23 70 0 Certificate That No Transcript of the March 7, 2014 Hearing on Plaintiff's Rule 59(E) Motion to Alter, Amend, and/or Reconsider Judgment Will Be Ordered by Columbia Gas Transmission, LLC. 69 Amended Notice of Appeal (FRAP 4(a)4 Amendment, . (Cordova, Anastasia) (Entered: 05/23/2014)