Atlantic Coast Pipeline, LLC v. 3.83 Acres, More or Less, in Cumberland County, North Carolina, Located on Parcel Identification No. 0474-95-0551 Identified in Deed of Correction Recorded in Book 3646 Page 879 et al
Filing
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ORDER STAYING CASE. The stay will expire on March 1, 2019, subject to further order of the Court. A status hearing will be conducted prior to the expiration of the stay and will be set by separate notice. Signed by Chief US Judge Terrence W. Boyle on 1/25/2019. (Stouch, L.)
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
NORTHERN, EASTERN, WESTERN, AND SOUTHERN DIVISIONS
In re: Atlantic Coast Pipeline cases
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________ )
No. 2:18-CV-3-BO; No. 4:18-CV-11-BO; No. 4:18-CV-12-BO; No. 4:18-CV-13-BO;
No. 4:18-CV-15-BO; No. 4:18-CV-21-BO; No. 4:18-CV-33-BO; No. 4:18-CV-34-BO
No. 4:18-CV-35-BO; No. 4:18-CV-36-BO; No. 4:18-CV-37-BO; No. 4:18-CV-66-BO;
No. 4:18-CV-67-BO; No. 4:18-CV-87-BO; No. 4:18-CV-184-BO; No. 5:18-CV-13-BO;
No. 5:18-CV-39-BO; No. 5:18-CV-42-BO; No. 5:18-CV-47-BO; No. 5:18-CV-48-BO;
No. 5:18-CV-49-BO; No. 5:18-CV-79-BO; No. 5:18-CV-127-BO; No. 5:18-CV-129-BO;
No. 5:18-CV-258-BO; No. 5:18-CV-261-BO; No. 5:18-CV-304-BO; No. 5:18-CV-309-BO;
No. 5:18-CV-310-BO; No. 5:18-CV-311-BO; No. 5:18-CV-312-BO; No. 5:18-CV-313-BO;
No. 5:18-CV-314-BO; No. 5:18-CV-315-BO; No. 5:18-CV-316-BO; No. 5:18-CV-318-BO;
No. 5:18-CV-319-BO; No. 5:18-CV-320-BO; No. 5:18-CV-322-BO; No. 5:18-CV-360-BO;
No. 5:18-CV-361-BO; No. 5:18-CV-362-BO; No. 5:18-CV-363-BO; No. 5:18:CV-365-BO;
No. 5:18-CV-386-BO; No. 5:18-CV-387-BO; No. 5:18-CV-388-BO; No. 5:18-CV-413-BO;
No. 5:18-CV-414-BO; No. 5:18-CV-425-BO; No. 5:18-CV-426-BO; No. 5:18-CV-427-BO;
No. 5:18-CV-555-BO; No. 7:18-CV-131-BO
ORDER
Plaintiff Atlantic Coast Pipeline (ACP) brought these condemnation cases pursuant to
Section 7(h) of the Natural Gas Act, 15 U.S.C. § 717f(h), and Fed. R. Civ. P. 71 against various
tracts of lands and individuals. Now pending before the Court are motions to stay proceedings
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which were filed by defendants in twenty-seven cases. 1 · The motions to stay are based upon the
challenges to ACP's project and Federal Energy Regulatory Commission (FERC) certificate that
are ongoing in the courts of appeals, and the uncertainty concerning the mandatory conditions of
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No. 4:18-CV-13-BO; No. 4:18-CV-35-BO; No. 4:18-CV-36-BO; No. 4:18-CV-66-BO; No.
4:18-CV-67-BO; No. 5:18-CV-79-BO; No. 5:18-CV-129-BO; No. 5:18-CV-309-BO; No. 5:18CV-310-BO; No. 5:18-CV-311-BO; ~o. 5:18-CV-312-BO; No. 5:18-CV-313-BO; No. 5:18-CV314-BO; No. 5:18-CV-315-BO; No. 5:18-CV-316-BO; No. 5:18-CV-318-BO; No. 5:18-CV319-BO; No. 5:18-CV-320-BO; No. 5:18-CV-322-BO; No. 5:18-CV-360-BO; No. 5:18-CV361-BO; No. 5:18-CV-362-BO; No. 5:18-CV-365-BO; No. 5:18-CV-386-BO; No. 5:18-CV413-BO; No. 5:18-CV-414-BO; No. 5:18-CV-426-BO; No. 7:18-CV-131-BO.
the FERC certificate. ACP has noted in its response in opposition that it does not oppose a
thirty-day stay. See, e.g. No. 5:18-CV-426-BO [DE 25 at 13-14].
For good cause shown, and in light of ACP's agreement that a limited stay would be
appropriate, the motions to stay are GRANTED. See also See Ryan v. Gonzales, 568 U.S. 57, 73
(2013); Landis v. N Am. Co., 299 U.S. 248, 254 (1936). For the efficient administration of
justice, the stay will apply to ALL pending ACP condemnation cases. The stay will expire on
March 1, 2019, subject to further order of the Court. A status hearing will be conducted prior to
the expiration of the stay and will be set by separate notice. Finally, the clerk shall serve this
order via CMIECF on all parties who have appeared through counsel and via U.S. Mail on any
defendant who has appeared pro se; non-appearing defendants will not be served.
SO ORDERED, this
~rday of January, 2019.
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TRRENCE
BOYLE
CHIEF UNITED STATES DISTRICT JUDGE
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