Conservation Law Foundation, Inc. v. Public Service Company of New Hampshire

Filing 49

ORDER re 15 Motion to Dismiss Counts I - IV Pursuant to Rule 12(b)(6). Stay is lifted and motion is reinstated. Additional briefing as outlined due by April 12, 2013. Parties to notify Deputy Clerk by April 5, 2013 re oral argument. So Ordered by Chief Judge Joseph N. Laplante.(jb)

UNITED STATES DISTRICT COURT
DISTRICT OF NEW HAMPSHIRE
Conservation Law Foundation,
Inc.
v.

Civil No. 11-cv-353-JL

Public Service Company of New
Hampshire
O R D E R
Pursuant to this court’s orders of September 4, 2012 and
November 2, 2012, the stay is lifted, as the Sixth Circuit has
issued its opinion in United States v. DTE Energy et al., No. 112328.

The defendant’s motion to dismiss counts 1-4 pursuant to

Rule 12(b)(6) (document no. 15) is reinstated, and the court has
undertaken active consideration of that motion.

If either party

wishes to submit additional briefing regarding the import of the
Sixth Circuit’s decision to the defendant’s motion, it may do so
on or before April 12, 2013.

Any such submission shall not

exceed five (5) pages.
It is the court’s practice to hear oral argument on all
dispositive motions, but if NEITHER party desires oral argument,
counsel are asked to so notify the Deputy Clerk as soon as
practicable and the court will issue an order based on the
filings.

If the Deputy Clerk is not so informed by April 5,

2013, a hearing will be scheduled.

If there is any reason that

the court should not actively consider the motion at this time

(such as an imminent settlement or planned, potentially
successful mediation), counsel are requested to immediately
notify the Deputy Clerk.
SO ORDERED.

Joseph N. Laplante
United States District Judge
Dated:
cc:

March 28, 2013

Christophe G. Courchesne, Esq.
N. Jonathan Peress, Esq.
Michael D. Freeman, Esq.
Spencer M. Taylor Esq.
Barry Needleman, Esq.
Jarrett B. Duncan, Esq.
Linda T. Landis, Esq.
Wilbur A. Glahn, III, Esq.
Thomas A. Benson, Esq.
Elias L. Quinn, Esq.
George P. Sibley, Esq.
Makram B. Jaber, Esq.
Stephen H. Roberts, Esq.

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