Case 1:19-cv-01334-CJB Document 712 Filed 04/01/24 Page 1 of 5 PageID #: 18022
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Plaintiffs,
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`Defendants.
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`C.A. No. 19-1334 (CJB)
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`MIDWEST ENERGY EMISSIONS CORP.
`and MES Inc.,
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`ARTHUR J. GALLAGHER & CO., et al.,
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`v.
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`STATUS REPORT AND JOINT STIPULATION
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`In response to the Court’s Oral Order at D.I. 696, Plaintiffs Midwest Energy Emissions
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`Corp. and MES Inc. (“ME2C” or “Plaintiffs”) and CERT Operations II LLC, CERT Operations
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`IV LLC, CERT Operations V LLC, CERT Operations RCB LLC, Senescence Energy Products
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`LLC, Bascobert (A) Holdings LLC, Buffington Partners LLC, Larkwood Energy LLC, Rutledge
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`Products LLC, Cottbus Associates LLC, Springhill Resources LLC, and Marquis Industrial
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`Company LLC (“CERT Defendants” or “Defendants”), hereby file this Status Report and Joint
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`Stipulation as follows:
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`1. Status report on issues to be tried in the bench trial.
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`The trial of Defendants’ non-jury defenses, scheduled for a one-day bench trial May 30, 2024
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`(D.I. 696), will go forward only as to Defendants’ defense of implied license.
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`2. Stipulated Deadlines for Pretrial Disclosures:
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`WHEREAS, the Court has set a one-day bench trial on May 30, 2024 (D.I. 696);
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`WHEREAS, the Court has set a pretrial conference on May 23, 2024 at 11:00 a.m. (D.I.
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`696);
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`WHEREAS, the Court ordered the parties to supply “any other information about the
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`)
`)
`)
`)
`)
`)
`)
`)
`)
`)
`
`Plaintiffs,
`
`Defendants.
`
`
`
`C.A. No. 19-1334 (CJB)
`
`
`
`
`MIDWEST ENERGY EMISSIONS CORP.
`and MES Inc.,
`
`
`
`
`
`ARTHUR J. GALLAGHER & CO., et al.,
`
`
`
`
`
`
`
`
`
`
`
`v.
`
`
`
`
`
`STATUS REPORT AND JOINT STIPULATION
`
`In response to the Court’s Oral Order at D.I. 696, Plaintiffs Midwest Energy Emissions
`
`Corp. and MES Inc. (“ME2C” or “Plaintiffs”) and CERT Operations II LLC, CERT Operations
`
`IV LLC, CERT Operations V LLC, CERT Operations RCB LLC, Senescence Energy Products
`
`LLC, Bascobert (A) Holdings LLC, Buffington Partners LLC, Larkwood Energy LLC, Rutledge
`
`Products LLC, Cottbus Associates LLC, Springhill Resources LLC, and Marquis Industrial
`
`Company LLC (“CERT Defendants” or “Defendants”), hereby file this Status Report and Joint
`
`Stipulation as follows:
`
`1. Status report on issues to be tried in the bench trial.
`
`The trial of Defendants’ non-jury defenses, scheduled for a one-day bench trial May 30, 2024
`
`(D.I. 696), will go forward only as to Defendants’ defense of implied license.
`
`2. Stipulated Deadlines for Pretrial Disclosures:
`
`WHEREAS, the Court has set a one-day bench trial on May 30, 2024 (D.I. 696);
`
`WHEREAS, the Court has set a pretrial conference on May 23, 2024 at 11:00 a.m. (D.I.
`
`696);
`
`WHEREAS, the Court ordered the parties to supply “any other information about the
`
`
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`Case 1:19-cv-01334-CJB Document 712 Filed 04/01/24 Page 2 of 5 PageID #: 18023
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`expected scope or content of that trial they think the Court needs to consider at this point” (D.I.
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`696);
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`WHEREAS, the parties to the above-captioned action have negotiated dates for exchange of
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`pretrial documents and disclosures for the scheduled bench trial; and
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`WHEREAS, the proposed schedule for disclosure of pretrial documents does not alter any
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`deadlines set by the Court;
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`NOW THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the
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`parties to the above-captioned action, subject to the approval of the Court, that the schedule for
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`pretrial exchanges is as follows:
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`Events
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`Proposed Date
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`April 22, 2024
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`Defendants to serve their disclosure of
`Defendants’ witness list, exhibit list,
`designations of deposition/trial transcript
`testimony to be used at trial; statement of
`issues of fact; and statement of issues of law.
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`Plaintiffs to serve their responsive disclosures
`of Plaintiffs’ witness list, exhibit list,
`designations of deposition/trial transcript
`testimony to be used at trial; statement of
`issues of fact; and statement of issues of law.
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`Defendants to serve their rebuttal disclosures. May 16, 2024
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`May 9, 2024
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`Deadline for Parties to finalize and
`Defendants to file Parties’ pretrial disclosures.
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`Pre-Trial Conference
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`Trial
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`May 17, 2024
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`May 23, 2024
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`May 30, 2024
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`3. Pretrial Conference:
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`The parties will make themselves available for a Pretrial Conference on May 23, 2024, but
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`Case 1:19-cv-01334-CJB Document 712 Filed 04/01/24 Page 3 of 5 PageID #: 18024
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`jointly propose that the Pretrial Conference be held by video conference at the time scheduled by
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`the Court (11:00 a.m. on May 23, 2024).
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`3
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`Case 1:19-cv-01334-CJB Document 712 Filed 04/01/24 Page 4 of 5 PageID #: 18025
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` Dated: April 1, 2024
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`DEVLIN LAW FIRM LLC
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`
`/s/ James M. Lennon
`James M. Lennon (#4570)
`1526 Gilpin Avenue
`Wilmington, DE 19806
`(302) 449-9010
`jlennon@devlinlawfirm.com
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`Attorneys for Plaintiffs Midwest
`Energy Emissions Corp. and MES Inc.
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`OF COUNSEL:
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`Bradley W. Caldwell
`Texas Bar No. 24040630
`Jason D. Cassady
`Texas Bar No. 24045625
`John Austin Curry
`Texas Bar No. 24059636
`Justin T. Nemunaitis
`Texas Bar No. 24065815
`Adrienne R. Dellinger
`Texas Bar No. 24116275
`CALDWELL CASSADY CURRY PC
`2121 N. Pearl Street, Suite 1200
`Dallas, Texas 75201
`Phone: (214) 888-4848
`Fax: (214) 888-4849
`bcaldwell@caldwellcc.com
`jcassady@caldwellcc.com
`acurry@caldwellcc.com
`jnemunaitis@caldwellcc.com
`adellinger@caldwellcc.com
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`MORRIS JAMES LLP
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`/s/ Kenneth L. Dorsney
`Kenneth L. Dorsney (#3726)
`Cortlan S. Hitch (#6720)
`500 Delaware Avenue, Suite 1500
`Wilmington, DE 19801
`(302) 888-6800
`kdorsney@morrisjames.com
`chitch@morrisjames.com
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`OF COUNSEL:
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`Jeff Dyess
`Paul Sykes
`Benn Wilson
`Ashley M. Robinson
`BRADLEY ARANT BOULT CUMMINGS LLP
`1819 Fifth Avenue North
`Birmingham, AL 35203
`Telephone: (205) 521-8000
`Facsimile: (205) 521-8800
`Email: jdyess@bradley.com
`psykes@bradley.com
`bcwilson@bradley.com
`amrobinson@bradley.com
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`Jessica Zurlo
`BRADLEY ARANT BOULT CUMMINGS LLP
`1615 L Street NW
`Ste 1350
`Washington, D.C. 20036
`Telephone: (202) 393-7150
`Facsimile: (202) 347-1684
`Email: jzurlo@bradley.com
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`Attorneys for Defendants CERT Operations II LLC,
`CERT Operations IV LLC, CERT Operations V LLC,
`CERT Operations RCB LLC, Senescene Energy
`Products, LLC, Springhill Resources LLC, Buffington
`Partners LLC, Bascobert (A) Holdings LLC,
`Larkwood Energy LLC, Cottbus Associates LLC,
`Marquis Industrial Company, LLC, Rutledge
`Products, LLC
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`4
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`Case 1:19-cv-01334-CJB Document 712 Filed 04/01/24 Page 5 of 5 PageID #: 18026
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`SO ORDERED this ___ day of April, 2024.
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`____________________________________
`The Honorable Christopher J. Burke
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