Filed: Sep. 17, 2015
Latest Update: Sep. 17, 2015
Summary: ORDER JAMES E. GATES , Magistrate Judge . These consolidated cases 1 come before the court to specify the attendance requirements for the second settlement session to be conducted in Raleigh, North Carolina at the Raleigh Convention Center on 24-25 September 2015 from 9:00 a.m. to 6:30 p.m. ("second settlement session"). Also before the court are the motions by various parties to have certain individuals excused from the requirements for in-person attendance at the second settlement sessio
Summary: ORDER JAMES E. GATES , Magistrate Judge . These consolidated cases 1 come before the court to specify the attendance requirements for the second settlement session to be conducted in Raleigh, North Carolina at the Raleigh Convention Center on 24-25 September 2015 from 9:00 a.m. to 6:30 p.m. ("second settlement session"). Also before the court are the motions by various parties to have certain individuals excused from the requirements for in-person attendance at the second settlement session..
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ORDER
JAMES E. GATES, Magistrate Judge.
These consolidated cases1 come before the court to specify the attendance requirements for the second settlement session to be conducted in Raleigh, North Carolina at the Raleigh Convention Center on 24-25 September 2015 from 9:00 a.m. to 6:30 p.m. ("second settlement session"). Also before the court are the motions by various parties to have certain individuals excused from the requirements for in-person attendance at the second settlement session. The motions have been fully briefed and have been referred to the undersigned for disposition pursuant to 28 U.S.C.§ 636(b)(1)(A). (See Public Docket Entries dated 16 Sept. 2015 (in both 460 and 463)).
Attendance Requirements for Second Settlement Session
1. Counsel and party representatives for plaintiffs and third-party plaintiff shall attend the entirety of the second settlement session on 24 and 25 September 2015.
2. Except as provided in ¶ 3 below, counsel and at least one party representative2 for the following defendants and third-party defendants shall attend the second settlement session for one day only as follows:
Party Date
North Georgia Electric Membership Corporation 24 September 2015
Huntington Ingalls Incorporated
Imelys Carbonates, LLC
Imerys Fused Minerals Greenville, Inc.
Can and Duff, Inc.
Martin Marietta Materials. Inc.
General Electric Company
Chemical Products Corporation
International Paper Company
Baltimore Gas & Electric Company
Riley Power Inc.
Domtar Paper Company. LLC
Greenwood Mills, Inc.
Town of Louisburg. North Carolina
The North Carolina Granite Corporation
Bruce-Menilees Electric Company
Owen Electric Steel Company of South Carolina
Virginia Electric and Power Company (VEPCO)
Bedford Rural Electric Cooperative Inc.
The National Lime and Stone Company
Broad River Electric Cooperative, Inc. 25 September 2015
GKN Driveline North America, Inc.
Pharmacia Corporation
Sonoco Products Company
Unimin Corporation
Gladieux Trading & Marketing Co., LP
Dixon Lumber Company, Inc.
Cape Hatteras Electric Membership Corporation
Palmetto Electric Cooperative, Inc.
Furman University
Consumers Energy Company
LaFarge Mid-Atlantic, LLC
Erachem Comilog. Inc,
Saint Augustine's College.
Electric Equipment Corporation of Virginia
Frontier Communications Corporation
Intertape Polymer Group, Inc.
Union Carbide Corporation
Vulcan Construction Materials. Limited Partnership
LWB Refractories Company
3. Any defendant or third-party defendant whose attendance at the second settlement session is required pursuant to ¶ 2 above shall appear on the date specified notwithstanding any settlement reached at or following the 1-2 September 2015 settlement session unless the Special Master is provided in writing or by e-mail no later than 12:00 p.m. on 23 September 2015 confirmation, satisfactory to the Special Master, by counsel for the plaintiffs and/or third-party plaintiff and the defendant or third-party defendant of a settlement in principle as to all material terms.
Disposition of Motions
The parties' motions to have certain individuals excused from the requirements for in-person attendance at the second settlement session are as follows:
Movant(s) Motion D.E. Motion D.E.
(No. 460 case) (No. 463 case)
Tr gland Corporation 1674 1664
Riley Power Inc. 1675 1665
Tallahassee Memorial Healthcare, Inc. 1676 1666
Guernsey-Muskingum Electric Cooperative Inc. 1677 1667
Green Circle Growers. Inc. 1678 1668
Broad River Electric Cooperative, Inc.: Dixon Lumber
Company, Inc.; GKN Driveline North American. Inc.;
Pharniacia Corporation; Sonoco Products Company;
Unimin Corporation: 1679 1669
Christus Health 1680 1670
Royal Street Junk Company, Inc. 1681 1671
Bay Mechanical & Electrical Corporation 1682 1673
The North Carolina Granite Corporation 1683 1672
Having considered the motions, IT IS ORDERED as follows:
4. Due to the parties having provided confirmation to the Special Master that they have reached an agreement for settlement in principle of all material terms, the following motions seeking to excuse the in-person attendance of the party representative and counsel at the second settlement session are ALLOWED.
Movant(s) Motion D.E. Motion D.E.
(No. 460 case) (No. 463 case)
Truland Corporation 1674 1664
Tallahassee Memorial Healthcare. Inc. 1676 1666
Guernsey-Muskingum Electric Cooperative Inc. 1677 1667
Green Circle Growers. Inc. 1678 1668
Christus Health 1680 1670
Royal Street Junk Company. Inc. 1681 1671
Bay Mechanical & Electrical Corporation 1682 1673
5. Because the Special Master has been unable to confirm that the movant has reached an agreement for settlement in principle of all material terms, the following motion seeking to excuse the in-person attendance of the party representative and counsel at the second settlement session is DENIED without prejudice to movant's providing confirmation of settlement pursuant to ¶ 3 above.
Movant(s) Motion D.E. Motion D.E.
(No. 460 case) (No. 463 case)
Riley Power Inc. 1675 1665
6. The following motion seeking to excuse the in-person attendance of party representatives is ALLOWED IN PART and DENIED EN PART.
Movant(s) Motion D.E. Motion D.E.
(No. 460 case) (No. 463 case)
Broad River Electric Cooperative, Inc.: Dixon Lumber 1679 1669
Company, Inc.; GKN Driveline North American, Inc.:
Pharmacia Corporation; Sonoco Products Company;
Unimin Corporation
a. Due to the Special Master's determination regarding the particularized status of the settlement discussions involving the following parties, the motion seeking to excuse the in-person attendance of party representatives, subject to a party representative being available by phone during the entirety of the second settlement session on the day specified ¶2 above, is ALLOWED:
Broad River Electric Cooperative, Inc.; GKN Driveline North American. Inc.: Pharmacia Corporation; Sonoco Products Company; Unimin Corporation
b. In light of the Special Master's determination that the in-person attendance of
the party representative for Dixon Lumber Company, Inc. will aid in the resolution of material factual issues, the motion seeking to excuse the in-person attendance of the party representative(s) for this defendant is DENIED.
7. The following motion seeking to excuse the in-person attendance of counsel and the party representative is ALLOWED EN PART and DENIED EN PART.
Movant(s) Motion D.E. Motion D.E.
(No. 460 case) (No. 463 case)
The North Carolina Granite Corporation 1683 1672
Due to the Special Master's determination regarding the particularized status of the settlement discussions involving this party, the motion seeking to excuse the in-person attendance of counsel and the party representative(s) is ALLOWED IN PART and DENIED IN PART. Counsel and a party representative are excused from in-person attendance, but shall be available by telephone during the entirety of the second settlement session on the day specified in ¶ 2 above.
SO ORDERED.
