Page 1 From: Cooper,_Kathy To: =?utf-8?Q?Presnell _Lacy?= =?utf-8?Q?Osborne _Jay_L?= <
[email protected]> Date: 7/2/2013 4:31:17 PM Subject: FW:_State_of_NC_ex._rel._DENR,_DWQ_v._Duke_Energy_Progress_Confrimation_of_Space_for_Intervention_Motion_and_Status_Conference_with_Judge_Ridgeway fyi Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax)
[email protected] From: Bailey, Michelle E. [mailto:
[email protected]] Sent: Tuesday, July 02, 2013 2:57 PM To: Cooper, Kathy Cc: Amelia Burnette (
[email protected]); Frank Emory, (
[email protected]) (
[email protected]); DJ Gerken (
[email protected]); Rosser, Brent (
[email protected]); Case, Charles D. (
[email protected]); Laton, Don; LeVeaux, Anita; Oliver, Jane Subject: RE: State of NC ex. rel. DENR, DWQ v. Duke Energy Progress Confrimation of Space for Intervention Motion and Status Conference with Judge Ridgeway Importance: High
Sorry, it will be in courtroom 10-A. Michelle
Michelle E. Bailey Superior Court Trial Court Coordinator Judicial District 10 P.O. Box 1916 Raleigh, N.C. 27602 Tel: (919)-792-4775 Fax: (919)-792-4951 Email:
[email protected] PLEASE NOTE THAT EFFECTIVE JUNE 19, 2013, THE NEW FAX NUMBER FOR THE SUPERIOR COURT JUDGES' OFFICE WILL BE 919-792-4969. THE FAX NUMBER FOR THE TRIAL COURT ADMINISTRATOR WILL REMAIN 919-792-4951. THANK YOU. From: Cooper, Kathy [mailto:
[email protected]] Sent: Tuesday, July 02, 2013 1:52 PM To: Bailey, Michelle E. Cc: Amelia Burnette (
[email protected]); Frank Emory, (
[email protected]) (
[email protected]); DJ Gerken (
[email protected]); Rosser, Brent (
[email protected]); Case, Charles D. (
[email protected]); Laton, Don; LeVeaux, Anita; Oliver, Jane Subject: RE: State of NC ex. rel. DENR, DWQ v. Duke Energy Progress Confrimation of Space for Intervention Motion and Status Conference with Judge Ridgeway
Michelle, Thank you. Kathy Cooper Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax)
[email protected] From: Bailey, Michelle E. [mailto:
[email protected]] Sent: Tuesday, July 02, 2013 10:54 AM To: Cooper, Kathy Cc: Amelia Burnette (
[email protected]); Frank Emory, (
[email protected]) (
[email protected]); DJ Gerken (
[email protected]); Rosser, Brent (
[email protected]); Case, Charles D. (
[email protected]); Laton, Don; LeVeaux, Anita; Oliver, Jane Subject: RE: State of NC ex. rel. DENR, DWQ v. Duke Energy Progress Confrimation of Space for Intervention Motion and Status Conference with Judge Ridgeway Importance: High
Yes, Judge Ridgeway still plans to hear this matter tomorrow, July 3rd at 10 am in courtroom 10-C. Best regards, Michelle
Michelle E. Bailey Superior Court Trial Court Coordinator Judicial District 10 P.O. Box 1916 Raleigh, N.C. 27602 Tel: (919)-792-4775 Fax: (919)-792-4951 Email:
[email protected] PLEASE NOTE THAT EFFECTIVE JUNE 19, 2013, THE NEW FAX NUMBER FOR THE SUPERIOR COURT JUDGES' OFFICE WILL BE 919-792-4969. THE FAX NUMBER FOR THE TRIAL COURT ADMINISTRATOR WILL REMAIN 919-792-4951. THANK YOU. From: Cooper, Kathy [mailto:
[email protected]]
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Page 2 Sent: Tuesday, July 02, 2013 8:52 AM To: Bailey, Michelle E. Cc: Amelia Burnette (
[email protected]); Frank Emory, (
[email protected]) (
[email protected]); DJ Gerken (
[email protected]); Rosser, Brent (
[email protected]); Case, Charles D. (
[email protected]); Laton, Don; LeVeaux, Anita; Oliver, Jane Subject: FW: State of NC ex. rel. DENR, DWQ v. Duke Energy Progress Confrimation of Space for Intervention Motion and Status Conference with Judge Ridgeway Good morning Michelle. Per Kristen Fetter’s e-mail of June 12, 2013 below, I am checking with you to see if we are still in courtroom 10A for tomorrow morning’s hearing and status conference with Judge Ridgeway at 10:00 am. In addition, there is one more attorney on our team to be added to your e-mail list, Assistant Attorney General Jane L. Oliver. I have copied her above and she needs to be copied on any future e-mails. We will file a Notice of Appearance with all of our contact information tomorrow morning. Thank you, Kathy Cooper Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax)
[email protected] From: Cooper, Kathy Sent: Thursday, June 13, 2013 11:31 AM To: 'Fetter, Kristen L.'; Amelia Burnette Cc: Rosser, Brent; DJ Gerken;
[email protected]; Frank Emory, (
[email protected]); Case, Charles D.; Laton, Don; LeVeaux, Anita Subject: RE: State of NC ex. rel. DENR, DWQ v. Duke Energy Progress
Dear Ms. Fetter, Thank you for the notice. Please include my co-counsel, Assistant Attorney General Donald W. Laton and Assistant Attorney General Anita LeVeaux, on all future notices as well. I am including them on the cc: list to this e-mail so that you will have their e-mail addresses. I will contact Michelle Bailey on July 2nd to confirm the courtroom location. Thank you for your assistance. Sincerely, Kathy Cooper Kathryn Jones Cooper Special Deputy Attorney General Water and Land Section Environmental Division signature
Post Office Box 629 Raleigh, NC 27602-0629 (919) 716-6600 (main telephone number) (919) 716-6960 (direct dial) (919) 716-6766 (fax)
[email protected] From: Fetter, Kristen L. [mailto:
[email protected]] Sent: Wednesday, June 12, 2013 9:25 AM To: Amelia Burnette Cc: Rosser, Brent; DJ Gerken; Cooper, Kathy;
[email protected]; Frank Emory, (
[email protected]); Case, Charles D. Subject: RE: State of NC ex. rel. DENR, DWQ v. Duke Energy Progress Hello All: At this time, we will plan on being in courtroom 10A. Please contact Michelle Bailey in my office at
[email protected] the daybefore the hearing to confirm that space. Thank you. Kristen Fetter Trial Court Administrator 10th Judicial District Post Office Box1916 Raleigh, NC 27602 (919) 792-4775 phone (919) 792-4951 fax PLEASE NOTE THAT EFFECTIVE JUNE 19, 2013, THE NEW FAX NUMBER FOR THE SUPERIOR COURT JUDGES' OFFICE WILL BE 919-792-4969. THE FAX NUMBER FOR THE TRIAL COURT ADMINISTRATOR WILL REMAIN THE SAME. From: Paul Ridgeway [mailto:
[email protected]] Sent: Tuesday, June 11, 2013 8:30 PM To: Amelia Burnette Cc: Rosser, Brent; DJ Gerken;
[email protected];
[email protected]; Frank Emory, (
[email protected]); Case, Charles D.; Fetter, Kristen L. Subject: RE: State of NC ex. rel. DENR, DWQ v. Duke Energy Progress
July 3 will work well. I will be in Wake county. Let's say 10:00 and either I or the TCA will get back to you with a courtroom assignment. I am co pying her on this email. Paul Ridgeway Superior Court Judge Wake County Courthouse P.O. Box 351 Raleigh NC 27602 On Jun 11, 2013 6:14 PM, "Amelia Burnette" wrote: Judge Ridgeway:
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Page 3 DJ Gerken and I, for proposed intervenors, are also available on July 3 and can attend in Durham or Wake County. I also received an email from Kathy Cooper with the Department of Justice, counsel for the State copied here, indicating that they also prefer July 3. Please let me know if you prefer we work through the Durham County TCA to get the hearing on the calendar. Thank you, Amelia Burnette
Amelia Burnette Senior Attorney Southern Environmental Law Center 22 S. Pack Square, Suite 700 Asheville, North Carolina 28801-3494 828-258-2023 tel 828-258-2024 fax
[email protected] SouthernEnvironment.org
From: Emory, Frank [mailto:
[email protected]] Sent: Tuesday, June 11, 2013 1:18 PM To: Paul Ridgeway; Amelia Burnette Cc:
[email protected]; Case, Charles D.;
[email protected]; DJ Gerken; Rosser, Brent Subject: RE: State of NC ex. rel. DENR, DWQ v. Duke Energy Progress
Judge Ridgeway: I and my law firm represent Duke Energy Progress in this case. Duke’s lawyers are available on July 3 and can attend in Durham or Wake County. Thank you. Frank Emory.
Description: Description: Description: Frank E. Emory, Jr. Partner
[email protected] Hunton & Williams LLP Bank of America Plaza, St 3500 101 South Tryon St Description: Description: Charlotte, NC 28280 http://webdownload.hunton.com/esignature/HW2.gif Phone: (704) 378-4708 Fax: (704) 331-4222 2200 Pennsylvania Avenue, N.W. Washington, D.C. 20037 Phone: (202) 419-2056 www.hunton.com
This communication is confidential and is intended to be privileged pursuant to applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this message in error, please notify Hunton & Williams LLP immediately by telephone (877374-4937) and by electronic mail to:
[email protected] and then delete this message and all copies and backups thereof.
From: Paul Ridgeway [mailto:
[email protected]] Sent: Monday, June 10, 2013 4:49 PM To: Amelia Burnette Cc:
[email protected]; Emory, Frank; Case, Charles D.;
[email protected]; DJ Gerken Subject: Re: State of NC ex. rel. DENR, DWQ v. Duke Energy Progress
Good afternoon, Counsel: Thank you for your email regarding this matter. Although the week of June 24 would be a difficult week for me to schedule a civil hearing on this matter, I could hear it the following week on July 3. That hearing may occur in Durham since I'll be holding civil court there. I understand from the Durham Trial Court Administrator that the docket for that week is "light" so scheduling a 1 hour hearing should not be much of a problem. If the 3rd would not work for some or all of you, we could look at a distant second choice of the afternoon of Friday, June 28th - but that date would have to be subject to rescheduling if my criminal docket goes into Friday. Please discuss this among yourselves and let me know whether either of these dates will work. If not, we'll look at some other options. P. Ridgeway
On Mon, Jun 10, 2013 at 4:26 PM, Amelia Burnette wrote: Dear Judge Ridgeway: DJ Gerken and I represent the Sierra Club, Waterkeeper Alliance and Western North Carolina Alliance as proposed intervenors in State of NC ex. rel. DENR, DWQ v. Duke Energy Progress, pending in Wake County (13-CVS-4061). I have copied the attorneys for the State and Duke Energy Progress on this email. We learned from the Wake County TCA’s office on Friday that you have been designated as the presiding judge by Order dated May 23, 2013, upon a Rule 2.1 request of Duke Energy Progress. (A copy of the Order is attached.) We have a pending Motion to Intervene that had been scheduled on the Wake County motions calendar for the June 24 session before Judge O’Foghludha, but we understand from the TCA that the motion has been removed from the calendar administratively based on the exceptional designation. We also understand that you will be sitting in Wake County through June and Durham County in July. The Durham County TCA and Wake County TCA suggested we contact you directly at this email address to determine when we can appear before you. Pursuant to this suggestion, I am writing you to ask if you could suggest dates when it would be convenient for you to hear this matter. We anticipate it may take approximately one hour. Our Motion to Intervene has been pending since April 15, 2013, a few weeks after the State initiated this action. Based on our understanding of various scheduling conflicts among counsel, on May 6 we submitted a calendar request to have the hearing set for the June 24 session. We are eager to have the hearing on the Motion to Intervene re-calendared at an
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agreeable time and without delay to resolve our status prior to any significant developments in the case. Thanks for your guidance. Respectfully, Amelia Burnette
Amelia Burnette Senior Attorney Southern Environmental Law Center 22 S. Pack Square, Suite 700 Asheville, North Carolina 28801-3494 828-258-2023 tel 828-258-2024 fax
[email protected] SouthernEnvironment.org
-Paul Ridgeway Superior Court Judge Wake County Courthouse P.O. Box 351 Raleigh, NC 27602 (919) 792-4950 E-mail correspondence to and from this address may be subject to the North Carolina public records laws and if so, may be disclosed. E-mail correspondence to and from this address may be subject to the North Carolina public records laws and if so, may be disclosed. E-mail correspondence to and from this address may be subject to the North Carolina public records laws and if so, may be disclosed.
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