OVANOVA, INC. et al v. UNITED STATES DEPARTMENT OF AGRICULTURE et al
District Of Columbia District Court | |
Judge: | James E Boasberg |
Case #: | 1:24-cv-02769 |
Nature of Suit | 899 Other Statutes - Administrative Procedure Act/Review or Appeal of Agency Decision |
Cause | 05:551 Administrative Procedure Act |
Case Filed: | Sep 27, 2024 |
Terminated: | Jan 30, 2025 |
Last checked: Wednesday Mar 26, 2025 5:11 AM EDT |
Defendant
JOHN DOES 1-10
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Defendant
XOCHITIL TORRES SMALL
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Represented By
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Defendant
UNITED STATES DEPARTMENT OF AGRICULTURE
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Represented By
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Defendant
THOMAS J. VILSACK
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Represented By
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Defendant
DEBRA YOCUM
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Represented By
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Plaintiff
ABC CORPORATIONS 1-10
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Represented By
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Plaintiff
OVANOVA CONSTRUCTION SERVICES LLC
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Represented By
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Plaintiff
OVANOVA ENERGY CORPORATION
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Represented By
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Plaintiff
OVANOVA SOLAR CORPORATION
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Represented By
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Plaintiff
OVANOVA, INC.
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Represented By
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TERMINATED PARTIES | |
Defendant
MARTIN KELLER
Terminated: 01/13/2025
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Represented By
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Defendant
NATIONAL RENEWABLE ENERGY LABORATORY
Terminated: 01/13/2025
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Represented By
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Docket last updated: 2 hours ago |
Thursday, January 30, 2025 | ||
36 | 36
![]() MEMORANDUM OPINION re35 Order on Motion to Dismiss. Signed by Chief Judge James E. Boasberg on January 30, 2025. (lcjeb3) |
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35 | 35
![]() ORDER GRANTING27 Motion to Dismiss. Signed by Chief Judge James E. Boasberg on January 30, 2025. (lcjeb3) |
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order
Order on Motion for Preliminary Injunction
Thu 01/30 10:13 AM
MINUTE ORDER: Given the Court's35 Order dismissing the case, the31 Motion for a Preliminary Injunction is DENIED as moot. So ORDERED by Chief Judge James E. Boasberg on January 30, 2025. (lcjeb3) |
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Wednesday, January 15, 2025 | ||
34 | 34
![]() Unopposed MOTION for Extension of Time to File Response/Reply as to31 Emergency MOTION for Preliminary Injunction by XOCHITIL TORRES SMALL, DEBRA YOCUM, UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK.(Mody, Arjun) |
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Att: 1
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order
Order on Motion for Extension of Time to File Response/Reply Set/Reset Deadlines
Wed 01/15 4:55 PM
MINUTE ORDER: The Court ORDERS that: 1) The Unopposed34 Motion for Extension of Time is GRANTED; and 2) Defendants shall file their Response to Plaintiffs'31 Motion for Preliminary Injunction by January 31, 2025. So ORDERED by Chief Judge James E. Boasberg on January 15, 2025. (lcjeb2) |
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order
.Order
Wed 01/15 5:12 PM
MINUTE ORDER: As set forth in its33 Memorandum Opinion, the Court does not believe that Plaintiffs' inclusion of NREL and Keller as Defendants was a frivolous exercise, even if it was legally incorrect. As such, the Court ORDERS that Defendants'23 Motion for Sanctions is DENIED. So ORDERED by Chief Judge James E. Boasberg on 1/15/2025. (lcjeb4) |
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Monday, January 13, 2025 | ||
33 | 33
![]() MEMORANDUM OPINION re32 Order on Motion to Dismiss Defendants National Renewable Energy Laboratory and Martin Keller. Signed by Chief Judge James E. Boasberg on 1/13/2025. (lcjeb4) |
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32 | 32
![]() ORDER: For the reasons set forth in the accompanying Memorandum Opinion, the Court ORDERS that: 1) Defendants National Renewable Energy Laboratory and Martin Keller's15 Motion to Dismiss is GRANTED; and 2) Defendants National Renewable Energy Laboratory and Martin Keller are DISMISSED WITHOUT PREJUDICE. Signed by Chief Judge James E. Boasberg on 1/13/2025. (lcjeb4) Modified to add signature on 1/13/2025 (znbn). |
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31 | 31
![]() Emergency MOTION for Preliminary Injunction by OVANOVA, INC., OVANOVA ENERGY CORPORATION, OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA SOLAR CORPORATION, ABC CORPORATIONS 1-10.(Wolff, James) |
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Friday, January 10, 2025 | ||
30 | 30
![]() REPLY to opposition to motion re27 Motion to Dismiss filed by XOCHITIL TORRES SMALL, DEBRA YOCUM, UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK. (Mody, Arjun) |
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Friday, December 27, 2024 | ||
29 | 29
![]() Memorandum in opposition to re27 Motion to Dismiss filed by OVANOVA, INC., OVANOVA ENERGY CORPORATION, OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA SOLAR CORPORATION, ABC CORPORATIONS 1-10.(Wolff, James) |
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order
Order on Motion for Extension of Time to File Response/Reply Set/Reset Deadlines
Fri 12/27 12:19 PM
MINUTE ORDER: The Court ORDERS that: 1) The Unopposed28 Motion for Extension of Time is GRANTED; and 2) Defendants shall file their Reply in support of their27 Motion to Dismiss by January 10, 2025. So ORDERED by Chief Judge James E. Boasberg on December 27, 2024. (lcjeb4) |
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Thursday, December 26, 2024 | ||
28 | 28
![]() Unopposed MOTION for Extension of Time to File Response/Reply as to27 MOTION to Dismiss by XOCHITIL TORRES SMALL, DEBRA YOCUM, UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK.(Mody, Arjun) |
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Thursday, December 19, 2024 | ||
order
Order on Motion for Miscellaneous Relief
Thu 12/19 1:47 PM
MINUTE ORDER: The Court ORDERS that: 1) Defendants'25 Motion to Excuse Compliance is GRANTED; and 2) Government Defendants are excused from complying with Local Rule 7(n)(1) for purposes of their motion to dismiss. So ORDERED by Chief Judge James E. Boasberg on December 19, 2024. (lcjeb2) |
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Friday, December 13, 2024 | ||
27 | 27
![]() MOTION to Dismiss by XOCHITIL TORRES SMALL, DEBRA YOCUM, UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK.(Mody, Arjun) |
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Thursday, December 12, 2024 | ||
26 | 26
![]() REPLY to opposition to motion re23 Motion for Sanctions, filed by MARTIN KELLER, NATIONAL RENEWABLE ENERGY LABORATORY. (Neeley, Steven) |
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Monday, December 09, 2024 | ||
25 | 25
![]() MOTION to Excuse Compliance with Local Rule 7(n)(1) by XOCHITIL TORRES SMALL, DEBRA YOCUM, UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK.(Mody, Arjun) |
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order
.Order
Mon 12/09 3:03 PM
MINUTE ORDER: The Court ORDERS that Plaintiff shall file any opposition to Defendants'25 Motion to Excuse Compliance by December 16, 2024. So ORDERED by Chief Judge James E. Boasberg on December 9, 2024. (lcjeb2) |
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Friday, December 06, 2024 | ||
notice
Notice of Error
Fri 12/06 9:18 AM
NOTICE OF ERROR regarding24 Memorandum in Opposition. Please note the following error(s) for future filings; do not refile: Invalid attorney signature- signature on document must match PACER login. (znmw) |
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Thursday, December 05, 2024 | ||
24 | 24
![]() Memorandum in opposition to re23 Motion for Sanctions, filed by OVANOVA, INC., OVANOVA ENERGY CORPORATION, OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA SOLAR CORPORATION.(Sussman, Gregory) |
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Thursday, November 21, 2024 | ||
23 | 23
![]() MOTION for Sanctions by MARTIN KELLER, NATIONAL RENEWABLE ENERGY LABORATORY.(Neeley, Steven) |
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Wednesday, November 20, 2024 | ||
22 | 22
![]() REPLY to opposition to motion re15 Motion to Dismiss filed by MARTIN KELLER, NATIONAL RENEWABLE ENERGY LABORATORY. (Neeley, Steven) |
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Saturday, November 16, 2024 | ||
21 | 21
![]() TRANSCRIPT OF PROCEEDINGS, before Chief Judge James E. Boasberg, held on 11 13-2024 Page Numbers: 1 - 17. Date of Issuance: 11 16-2024 Court Reporter: Elizabeth Davila, Telephone number: 202-354-3242. Transcripts may be ordered by submitting the[LINK:Transcript Order Form] For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 12/7/2024. Redacted Transcript Deadline set for 12/17/2024. Release of Transcript Restriction set for 2/14/2025.(Davila, Elizabeth) |
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Friday, November 15, 2024 | ||
order
Order on Motion for Extension of Time to Set/Reset Deadlines
Fri 11/15 10:19 AM
MINUTE ORDER: The Court ORDERS that: 1) The Unopposed20 Motion for Extension of Time is GRANTED; and 2) Defendant shall file its Answer or otherwise respond to Plaintiff's Complaint by December 13, 2024. So ORDERED by Chief Judge James E. Boasberg on November 15, 2024. (lcjeb2) |
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Thursday, November 14, 2024 | ||
20 | 20
![]() Unopposed MOTION for Extension of Time to Respond to Complaint by XOCHITIL TORRES SMALL, DEBRA YOCUM, UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK.(Mody, Arjun) |
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Wednesday, November 13, 2024 | ||
19 | 19
![]() RESPONSE re15 MOTION to Dismiss filed by OVANOVA, INC., OVANOVA ENERGY CORPORATION, OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA SOLAR CORPORATION.(Sussman, Gregory) |
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minutes
Motion Hearing
Wed 11/13 11:26 AM
Minute Entry for proceedings held before Chief Judge James E. Boasberg: Motion Hearing held via Zoom on 11/13/2024 re5 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by OVANOVA SOLAR CORPORATION, OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA ENERGY CORPORATION, OVANOVA, INC.. Oral arguments heard, motion DENIED for the reason stated on the record. (Court Reporter Elizabeth Davila) (znbn) |
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order
.Order
Wed 11/13 11:42 AM
MINUTE ORDER: For the reasons stated on the record in today's hearing, the Court ORDERS that Plaintiffs'5 Motion for TRO is DENIED. Plaintiffs may file a further Motion for Preliminary Injunction at any point if they so desire. So ORDERED by Chief Judge James E. Boasberg on 11/13/2024. (lcjeb1) |
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Tuesday, November 12, 2024 | ||
18 | 18
![]() NOTICE of Appearance by James Anthony Wolff on behalf of All Plaintiffs (Wolff, James) (Main Document 18 replaced on 11/13/2024) (znmw). |
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Wednesday, November 06, 2024 | ||
17 | 17
![]() REPLY to opposition to motion re5 Motion for TRO,, Motion for Preliminary Injunction, filed by OVANOVA, INC., OVANOVA ENERGY CORPORATION, OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA SOLAR CORPORATION.(Sussman, Gregory) |
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16 | 16
![]() REPLY to opposition to motion re5 Motion for TRO,, Motion for Preliminary Injunction, filed by OVANOVA, INC., OVANOVA ENERGY CORPORATION, OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA SOLAR CORPORATION.(Sussman, Gregory) |
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Wednesday, October 30, 2024 | ||
15 | 15
![]() MOTION to Dismiss by MARTIN KELLER, NATIONAL RENEWABLE ENERGY LABORATORY.(Neeley, Steven) |
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14 | 14
![]() Memorandum in opposition to re5 Motion for TRO,, Motion for Preliminary Injunction, filed by XOCHITIL TORRES SMALL, DEBRA YOCUM, UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK.(Mody, Arjun) |
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13 | 13
![]() Memorandum in opposition to re5 Motion for TRO,, Motion for Preliminary Injunction, filed by MARTIN KELLER, NATIONAL RENEWABLE ENERGY LABORATORY.(Neeley, Steven) |
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Wednesday, October 16, 2024 | ||
minutes
Status Conference ~Util - Set/Reset Hearings
Wed 10/16 2:11 PM
Minute Entry for proceedings held before Chief Judge James E. Boasberg: Status Conference held on 10/16/2024. A further Status Conference is set for 11/13/2024 at 11:00 AM via Zoom. Minute Order forthcoming. (Court Reporter Tammy Nestor) (znbn) |
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order
.Order
Wed 10/16 2:57 PM
MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that: 1) Defendants shall file any Oppositions to Plaintiffs' TRO Motion by October 30, 2024, and Plaintiffs shall file any Reply by November 6, 2024; and 2) The parties shall appear for a hearing on the Motion on November 13, 2024, at 11:00 a.m. SO ORDERED by Chief Judge James E. Boasberg on October 16, 2024. (lcjeb2) |
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utility
Set/Reset Deadlines
Wed 10/16 5:39 PM
Set/Reset Deadlines: Responses due by 10/30/2024. Replies due by 11/6/2024. (znbn) |
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Wednesday, October 09, 2024 | ||
12 | 12
![]() NOTICE OF WITHDRAWAL OF APPEARANCE as to MARTIN KELLER, NATIONAL RENEWABLE ENERGY LABORATORY. Attorney Stephen DeGenaro terminated. (DeGenaro, Stephen) |
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11 | 11
![]() NOTICE of Appearance by Arjun Mody on behalf of XOCHITIL TORRES SMALL, UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK, DEBRA YOCUM (Mody, Arjun) |
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10 | 10
![]() NOTICE of Appearance by Steven A. Neeley on behalf of MARTIN KELLER, NATIONAL RENEWABLE ENERGY LABORATORY (Neeley, Steven) |
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notice
Notice of Provisional/Government Not Certified Status
Wed 10/09 8:57 AM
NOTICE of Provisional/Government Not Certified Status re8 NOTICE of Appearance by Alex Menendez on behalf of OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA ENERGY CORPORATION, OVANOVA SOLAR CORPORATION, OVANOVA, INC. (Menendez, Alex). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 10/16/2024. (zapb) RESOLVED.....10/9/2024 (zhcn) |
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minutes
Status Conference ~Util - Set/Reset Hearings
Wed 10/09 2:45 PM
Minute Entry for Video Status Conference held on 10/9/2024 before Chief Judge James E. Boasberg: A further Video Status Conference set for 10/16/2024 at 2:00 PM before Chief Judge James E. Boasberg. Court Reporter: Tammy Nestor. (smc) |
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order
.Order
Wed 10/09 5:32 PM
MINUTE ORDER: As discussed at today's status hearing, the Court ORDERS that the parties shall return for a further Zoom status hearing on October 16, 2024, at 2:00 p.m. So ORDERED by Chief Judge James E. Boasberg on October 9, 2024. (lcjeb2) |
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Monday, October 07, 2024 | ||
order
Order on Motion for Leave to Appear Pro Hac Vice
Mon 10/07 9:48 AM
MINUTE ORDER: The Court ORDERS that the9 Motion for Leave to Appear Pro Hac Vice of James A. Wolff is GRANTED. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). [LINK:Click for instructions] . So ORDERED by Chief Judge James E. Boasberg on October 7, 2024. (lcjeb2) |
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Friday, October 04, 2024 | ||
9 | 9
![]() MOTION for Leave to Appear Pro Hac Vice :Attorney Name- James A. Wolff, Filing fee $ 100, receipt number ADCDC-11211794. Fee Status: Fee Paid. by OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA ENERGY CORPORATION, OVANOVA SOLAR CORPORATION, OVANOVA, INC..(Sussman, Gregory) |
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8 | 8
![]() NOTICE of Appearance by Alex Menendez on behalf of OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA ENERGY CORPORATION, OVANOVA SOLAR CORPORATION, OVANOVA, INC. (Menendez, Alex) |
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Wednesday, October 02, 2024 | ||
7 | 7
![]() NOTICE of Appearance by Stephen DeGenaro on behalf of MARTIN KELLER, NATIONAL RENEWABLE ENERGY LABORATORY, XOCHITIL TORRES SMALL, UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK, DEBRA YOCUM (DeGenaro, Stephen) |
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utility
Set/Reset Hearings
Wed 10/02 2:29 PM
Set/Reset Hearings: Initial Scheduling Conference is set for 10/2/2024 at 03:30 PM via Zoom. (znbn) |
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minutes
Status Conference ~Util - Set/Reset Hearings
Wed 10/02 3:57 PM
Minute Entry for proceedings held before Chief Judge James E. Boasberg: Status Conference held via Zoom on 10/2/2024. A further Status Conference is set for 10/9/2024 at 02:00 PM via Zoom before Chief Judge James E. Boasberg.). (Court Reporter Tammy Nestor) (znbn) |
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order
.Order
Wed 10/02 4:27 PM
MINUTE ORDER: As discussed, the parties shall appear for a status conference via Zoom on October 9, 2024, at 2 PM. So ORDERED by Chief Judge James E. Boasberg on 10/2/2024. (lcjeb4) |
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Tuesday, October 01, 2024 | ||
6 | 6
![]() SUMMONS (8) Issued Electronically as to MARTIN KELLER, NATIONAL RENEWABLE ENERGY LABORATORY, XOCHITIL TORRES SMALL, UNITED STATES DEPARTMENT OF AGRICULTURE, THOMAS J. VILSACK, DEBRA YOCUM, U.S. Attorney and U.S. Attorney General(znmw) |
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utility
Case Assigned/Reassigned
Tue 10/01 4:53 PM
Case Assigned to Chief Judge James E. Boasberg. (znmw) |
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Monday, September 30, 2024 | ||
5 | 5
![]() MOTION for Temporary Restraining Order by OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA ENERGY CORPORATION, OVANOVA SOLAR CORPORATION, OVANOVA, INC..(Sussman, Gregory) |
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4 | 4
![]() LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA ENERGY CORPORATION, OVANOVA SOLAR CORPORATION, OVANOVA, INC. (Sussman, Gregory) |
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3 | 3
![]() REQUEST FOR SUMMONS TO ISSUE filed by OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA ENERGY CORPORATION, OVANOVA SOLAR CORPORATION, OVANOVA, INC..(Sussman, Gregory) |
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2 | 2
![]() REQUEST FOR SUMMONS TO ISSUE to USDA filed by OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA ENERGY CORPORATION, OVANOVA SOLAR CORPORATION, OVANOVA, INC..(Sussman, Gregory) |
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Friday, September 27, 2024 | ||
1 | 1
![]() COMPLAINT against All Defendants with Jury Demand ( Filing fee $ 405 receipt number ADCDC-11192643) filed by OVANOVA CONSTRUCTION SERVICES LLC, OVANOVA ENERGY CORPORATION, OVANOVA SOLAR CORPORATION, OVANOVA, INC..(Sussman, Gregory) |
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