In Re: Western States Wholesale Natural Gas Antitrust Litigation (MDL 1566)

Filing 3101

ORDER granting ECF No. 3098 Motion to Withdraw Attorneys Mark R. Robeck and Travis G. Cushman on behalf of Reliant Energy Services, Inc., now known as RRIEnergy Services, LLC, and Reliant Energy, Inc. (n/k/a GenOn Energy, Inc.). Signed by Magistrate Judge Peggy A. Leen on 12/21/2018. (Copies have been distributed pursuant to the NEF - LH)

Neal Tomlinson
Hyperion Advisors
3960 Howard Hughes Pkwy Suite 500
Las Vegas, NV 89169
Telephone: [phone]
Email: [e-mail]
Attorneys for Defendant
Reliant Energy Services, Inc.
n/k/a RRI Energy Services, LLC and
Reliant Energy, Inc. n/k/a
Genon Energy, Inc.
UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
IN RE WESTERN STATES
WHOLESALE NATURAL GAS
ANTITRUST LITIGATION

MDL NO. 1566

THIS DOCUMENT RELATES TO:

Base Case No. 2:03-cv-01431-RCJ-PAL

Arandell Corp., et. al. v. Xcel Energy, Inc., et.
al.
NewPage Wisconsin System, Inc. v. CMS
Energy Resource Management Co., et. al.

Case No. 2:07-cv-01019-RCJ-PAL
Case No. 2:09-cv-00915-RCJ-PAL

MOTION TO WITHDRAW
Pursuant to LR IA 11-6, Defendants Reliant Energy Services, Inc., now known as RRI
Energy Services, LLC, and Reliant Energy, Inc. (n/k/a GenOn Energy, Inc.) (collectively, the
“Reliant Defendants”) respectfully requests that the following attorneys (the “Withdrawing
Attorneys”) be removed as counsel of record for the Reliant Defendants in the above-captioned
MDL and the under underlying matters from Wisconsin:1

1

Arandell Corp., et. al. v. Xcel Energy, Inc., et. al., Case No. 2:07-cv-01019-RCJ-PAL and
NewPage Wisconsin System, Inc. v. CMS Energy Resource Management Co., et. al., Case No.
2:09-cv-00915-RCJ-PAL have been consolidated. See Dkt. No. 1949. The Reliant Defendants
have previously been dismissed from all other matters still pending in the MDL.

Mark R. Robeck
Kelley Drye & Warren LLP
Washington Harbour, Suite 400
3050 K Street, NW
Washington, DC 20007
Travis G. Cushman
Kelley Drye & Warren LLP
Washington Harbour, Suite 400
3050 K Street, NW
Washington, DC 20007
Mr. Neal Tomlinson of Hyperion Advisors, will continue to represent the Reliant
Defendants in these matters, and the withdrawal Messrs. Robeck and Cushman will not delay
any proceedings with respect to the Reliant Defendants.
The Reliant Defendant’s request with respect to this Motion is acknowledged by their
representative, Daniel McDevitt, General Counsel, GenOn Energy, Inc., as reflected at the end of
this Motion.
Plaintiffs have been contacted about this Motion and do not oppose the counsels’
withdrawal.
Respectfully submitted,
By: /s/ Mark R. Robeck
Mark R. Robeck
Travis Cushman
Kelley Drye & Warren LLP
3050 K Street NW, Suite 400
Washington, DC 20007-5108
Telephone: [phone]
Fax: [phone]
Email: [e-mail]
ON BEHALF OF THE WITHDRAWING
ATTORNEYS FOR DEFENDANTS RELIANT
ENERGY SERVICES, INC., n/k/a RRI ENERGY
SERVICES, LLC, AND RELIANT ENERGY
INC, n/k/a GENON ENERGY, INC.
-and2

D. Neal Tomlinson
Hyperion Advisors
3960 Howard Hughes Pkwy #500
Las Vegas, NV 89169
Telephone: [phone]
Email: [e-mail]
ATTORNEYS FOR DEFENDANTS RELIANT
ENERGY SERVICES, INC., n/k/a RRI ENERGY
SERVICES, LLC, AND RELIANT ENERGY
INC, n/k/a GENON ENERGY, INC.
-andBy: /s/ Daniel McDevitt
Daniel McDevitt
General Counsel
Energy Plaza
1601 Bryan Street, Suite 2200
Dallas, Texas
Telephone: [phone]
Email: [e-mail]
ON BEHALF OF RELIANT ENERGY
SERVICES, INC., n/k/a RRI ENERGY
SERVICES, LLC, AND RELIANT ENERGY
INC, n/k/a GENON ENERGY, INC.

Dated: December 12, 2018

3

CERTIFICATE OF SERVICE
I certify a copy of this pleading was filed electronically on the CM/ECF System on
December 12, 2018, which caused all CM/ECF participants to be served by electronic means,
as is more fully shown by the Court’s Notice of Electronic Filing. I further certify that this pleading
was served on the Reliant Defendants pursuant to LR IA 11-6(b) via electronic mail on
December 12, 2018.
By: /s/ Neal Tomlinson

4

UNITED STATES DISTRICT COURT
DISTRICT OF NEVADA
IN RE WESTERN STATES
WHOLESALE NATURAL GAS
ANTITRUST LITIGATION

MDL NO. 1566

THIS DOCUMENT RELATES TO:

Base Case No. 2:03-cv-01431-RCJ-PAL

Arandell Corp., et. al. v. Xcel Energy, Inc., et.
al.
NewPage Wisconsin System, Inc. v. CMS
Energy Resource Management Co., et. al.

Case No. 2:07-cv-01019-RCJ-PAL
Case No. 2:09-cv-00915-RCJ-PAL

ORDER GRANTING MOTION TO WITHDRAW
Before the Court for decision is the Motion to Withdraw as counsel of record for
Defendants Reliant Energy Services, Inc., now known as RRI Energy Services, LLC, and
Reliant Energy, Inc., now known as GenOn Energy, Inc. (collectively, the “Reliant
Defendants”). For good cause shown, the Court finds that the Motion should be granted.
IT IS THEREFORE ORDERED, ADJUDGED AND DECREED that Mark R. Robeck
and Travis G. Cushman are withdrawn as counsel of record for the Reliant Defendants in the
following cases:
•

In Re: Western States Wholesale Natural Gas Antitrust Litigation, Base Case No.
2:03-cv-01431-RCJ-PAL;

•

Arandell Corp., et. al. v. Xcel Energy, Inc., et. al.; Case No. 2:07-cv-01019-RCJ- PAL;
and

•

NewPage Wisconsin System, Inc. v. CMS Energy Resource Management Co., et. al.;
Case No. 2:09-cv-00915-RCJ-PAL.

IT IS SO ORDERED this 21st day of December, 2018.

Hon. Peggy A. Lean
UNITED STATES MAGISTRATE JUDGE