Northeast Energy Partners, LLC v. Mahar Regional School District

Filing 62

Judge Michael A. Ponsor: MEMORANDUM AND ORDER entered. As follows: In order to reduce the risk of further uncertainty and delay, the court hereby ALLOWS the joint motion (Dkt. No. 61 ), with the understanding that all three questions will be certifi ed. It is understood that all pending proceedings in this case will be stayed until the SJC responds to the certified questions. The court has ruled on the motions pending on the docket to reflect the stay. It is So Ordered. See the attached memo and order for complete details. (Lindsay, Maurice)

UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
NORTHEAST ENERGY PARTNERS, LLC, )
Plaintiff
)
)
v.
) C.A. 10-cv-30148-MAP
)
RALPH MAHAR REGIONAL SCHOOL
)
DISTRICT,
)
Defendant/Third Party Plaintiff )
)
v.
)
)
CONSTELLATION NEW ENERGY,
)
Third Party Defendant
)
MEMORANDUM AND ORDER REGARDING
JOINT MOTION TO CERTIFY QUESTIONS OF STATE LAW
TO MASSACHUSETTS SUPREME JUDICIAL COURT
(Docket No. 61)
May 12, 2011
PONSOR, D.J.
At the court’s invitation, counsel have jointly
submitted a Motion to Certify, agreeing on one of the
questions to be certified, but disagreeing as to two others.
In order to reduce the risk of further uncertainty and
delay, the court hereby ALLOWS the joint motion (Dkt. No.
61), with the understanding that all three questions will be
certified.

The Supreme Judicial Court, of course, has the

option of declining to answer any or all of the three
questions.
An adjustment of the wording of the third proposed
question should be made so that it is gramatically parallel
to the other two questions.

Thus, the question should read:

“If MGL Chapter 30B applies to the contract, does a

provision providing for automatic renewal of the contract
term with a public entity, without the public entity’s
affirmative approval, violate MGL Chapter 30B?”
The parties’ joint motion indicates that once the court
determines the questions to be posed, counsel will submit a
final version of the Order for Certification, including all
referenced exhibits, in a form suitable for signing and
transmission to the Supreme Judicial Court.

Counsel should

now submit this final version within ten days of this
ruling.
It is understood that all pending proceedings in this
case will be stayed until the SJC responds to the certified
questions.

The court has ruled on the motions pending on

the docket to reflect the stay.
It is So Ordered.
/s/ Michael A. Ponsor
MICHAEL A. PONSOR
U. S. District Judge

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