State of North Carolina v. Alcoa Power Generating, Inc.

Filing 115

ORDER GRANTING 56 Plaintiff's Motion for Discovery Supplementation and GRANTING 94 Yadin Riverkeeper's Motion to Intervene. The Court has supplemented the Discovery Plan and accepts the State's reports submitted on July 14,2014 . The defendant will be permitted to schedule depositions of the State's rebuttal expert witnesses at the earliest possible date agreeable to both parties. The Court has also allowed the filing of the amicus briefs filed by Yadkin Riverkeeper. The defendant is allowed to file a single response to the briefs that does not exceeed fifteen (15) pages in length. This response must be filed no later than September 15, 2014. Signed by US District Judge Terrence W. Boyle on 8/29/2014. (Fisher, M.)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WESTERN DIVISION
No. 5:13-CV-633-BO

STATE OF NORTH CAROLINA, by and
through its agency, the NORTH
CAROLINA DEPARTMENT OF
ADMINISTRATION,
Plaintiff,
V.

ALCOA POWER GENERATING, INC.,
Defendant.

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ORDER

This cause comes before the Court on the State's motion to supplement the discovery
scheduling order [DE 56] and the motion of Amicus Curiae, Yadkin Riverkeeper, Inc. [DE 94].
A hearing was held on these matters before the undersigned on August 28, 2014, in Raleigh,
North Carolina at 3:00p.m. The motions are GRANTED.
The State asks the Court to supplement the Joint Rule 26(F) Report and Discovery Plan and
Order to modify Paragraph 3(d), Schedule and Parameters for Discovery, to specify that
Plaintiffs reports from retained rebuttal expert witnesses under FED. R. CJV. P. 26(a)(2)(D)(ii)
shall be due July 14, 2014. For good cause shown, the Court so SUPPLEMENTS the plan and
accepts the State's reports submitted on July 14, 2014. Defendant will be allowed to schedule
depositions of the State's rebuttal expert witnesses at the earliest possible date that is agreeable
to the parties.
Amicus Curiae, Yadkin Riverkeeper, Inc. moves the Court for an order allowing the filing of

the two briefs of Amicus Curiae it has prepared in this action. After considering the objection of
defendant, the Court ALLOWS the filing of the briefs. Defendant is ALLOWED to file a single

response to the Amicus Curiae briefs that does not exceed fifteen (15) pages in length, exclusive
of the certificate of service, not later than September 15,2014.

SO ORDERED, this

a!!-

day of August, 2014.

T
NCE W. BOYLE
UNITED STATES DISTRICT JU

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