Duke Energy Progress, LLC v. 3M Company, et al

Filing 1688

ORDER granting #1674 MOTION To Be Excused from Second Settlement Conference Sessions; denying #1675 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1676 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1677 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1678 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1680 MOTION To Be Excused from Second Settlement Conference Sessions; granting #1681 Motion To Be Excused from Settlement Conference Sessions; granting #1682 MOTION To Be Excused from Second Settlement Conference Sessions; granting in part and denying in part #1683 MOTION To Be Excused from Second Settlement Conference Sessions - Counsel should read the attached order in its entirety for additional critical details and information. Signed by U.S. Magistrate Judge James E. Gates on 09/17/2015. (Baker, C.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION

DUKE PROGRESS ENERGY LLC,

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Plaintiff,
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v.
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3M COMPANY et al.,
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Defendants.
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________________________________________
CONSOLIDATION COAL COMPANY,
Plaintiff,
v.
3M COMPANY et al.,
Defendants.

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No. 5:08-CV-460-FL

No. 5:08-CV-463-FL

ORDER
These consolidated cases 1 come before the court to specify the attendance requirements
for the second settlement session to be conducted in Raleigh, North Carolina at the Raleigh
Convention Center on 24-25 September 2015 from 9:00 a.m. to 6:30 p.m. (“second settlement
session”). Also before the court are the motions by various parties to have certain individuals
excused from the requirements for in-person attendance at the second settlement session. The

1

Case number 5:08-CV-460-FL is the lead case number for three consolidated actions brought by plaintiff Duke
Energy Progress, LLC (see 18 Aug. 2009 Minute Entry (D.E. 91) (consolidating cases)) and is referred to herein as
“No. 460.” Case number 5:08-CV-463-FL is the lead case number for three consolidated actions brought by
plaintiff Consolidation Coal Company (see id.) and is referred to herein as “No. 463.” The parties’ respective filings
related to the motions to be excused are identical in both the No. 460 and No. 463 cases.

Due to the Special Master’s determination regarding the particularized status of the settlement
discussions involving this party, the motion seeking to excuse the in-person attendance of
counsel and the party representative(s) is ALLOWED IN PART and DENIED IN PART.
Counsel and a party representative are excused from in-person attendance, but shall be available
by telephone during the entirety of the second settlement session on the day specified in ¶ 2
above.
SO ORDERED, this 17th day of September 2015.

_________________________
James E. Gates
United States Magistrate Judge

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