SABAL TRAIL TRANSMISSION LLC v. REAL ESTATE et al

Filing 89

ORDER amending Section VIII of Appendix A in the Order granting Sabal Trail's motions for summary judgment and motions for preliminary injunction (88 in 4:16-cv-00097-CDL; 38 in 4:16-cv-00099-CDL; 26 in 4:16 -cv-00102-CDL; 30 in 4:16-cv-00103-CDL; 26 in 4:16-cv-00104-CDL; 18 in 4:16-cv-00105-CDL; 27 in 4:16-cv-00107-CDL; 27 in 4:16-cv-00108-CDL; 26 in 4:16-cv-00109-CDL; 23 in 4:16-cv-00110-CDL; 28 in 4:16-cv-00113-CDL; 30 in 4:16-cv-00114-CDL; 27 in 4:16-cv-00119-CDL; 21 in 4:16-cv-00121-CDL; 18 in 4:16-cv-00122-CDL; 28 in 4:16-cv-00123-CDL; 27 in 4:16-cv-00124-CDL; 32 in 4:16-cv-00125-CDL; 22 in 4:16-cv-00126-CDL). Ordered by US DISTRICT JUDGE CLAY D LAND on 06/10/2016. (CCL)

IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF GEORGIA
COLUMBUS DIVISION
SABAL TRAIL TRANSMISSION, LLC,

*

Plaintiff,
*
vs.
*
REAL ESTATE, et al.,
*
Defendants.
*
*

CASE NOS.
4:16-cv-97
4:16-cv-99
4:16-cv-102
4:16-cv-103
4:16-cv-104
4:16-cv-105
4:16-cv-107
4:16-cv-108
4:16-cv-109
4:16-cv-110

4:16-cv-113
4:16-cv-114
4:16-cv-119
4:16-cv-121
4:16-cv-122
4:16-cv-123
4:16-cv-124
4:16-cv-125
4:16-cv-126

O R D E R
Earlier today, the Court entered an order granting Sabal
Trail

Transmission,

motions

for

LLC’s

preliminary

motions

for

injunction.

summary
After

judgment

that

order

and
was

docketed, the Court found an error in § VIII of Appendix A, and
the Court enters this Order to correct that error.

The Court

erroneously stated that none of the Defendants in 4:16-cv-108
had answered Sabal Trail’s notice of condemnation and that the
only Defendants from that case who attended the motion hearing
were Lillian Moore and Alonzo Hill, Jr.

The first paragraph of

§ VIII of Appendix A is hereby amended to state:
There are twenty-eight Defendants in this action. As the
Court previously recounted, fourteen Defendants were served in
accordance with Federal Rule of Civil Procedure 71.1(d)(3)(A),
and eleven of the Defendants were properly served by publication

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under Federal Rule of Civil Procedure 71.1(d)(3)(B).
Status Report § I, ECF No. 21 in 4:16-cv-108.

Order for

None of these

Defendants except the United States filed an answer.

The United

States did file an answer, asserting that it has an IRS tax lien
against Defendant Elijah Wheeler and that it has a claim against
any compensation that is determined to be just and adequate for
the rights condemned.

The United States did not object to the

taking, the partial summary judgment motion, or the preliminary
injunction motion.

The rest of the Defendants, who did not

answer, “waive[d] all objections and defenses” they might have
made to the taking. Fed. R. Civ. P. 71.1(e)(3).
and

Alonzo

motions,

as

Hill,
did

Jr.
an

attended

attorney

the

hearing

representing

the

Lillian Moore

on

the

pending

United

States.

They do not oppose the easement, but they want to make sure that
they are treated fairly and receive just compensation. None of
the other Defendants attended the hearing.
The Court’s previous order is amended accordingly.

IT IS SO ORDERED, this 10th day of June, 2016.
S/Clay D. Land
CLAY D. LAND
CHIEF U.S. DISTRICT COURT JUDGE
MIDDLE DISTRICT OF GEORGIA

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