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Tuesday, January 13, 2009

Ind. Decisions - Yet more on: New trial ordered by judge in pollution suit against New Albany power plant that jury rejected

Yesterday in this ILB entry I noted that the Appendix to the document filed Friday, the Response to Order to Show Cause (1527), was now available.

The Appendix (1528) and (1529) includes the individual affidavits of each of Cinergy’s counsel of record as of May 5, 2008, as well as expert reports, etc. I noted this was a lengthy set of documents, too lengthy for the ILB to obtain at $0.08/page.

A generous reader has now taken the time to obtain the documents for the ILB to post. Access them here. For details, see the docket description of 1528 and 1529 here.

Note that as these files occupy nearly 15 MB of space, the ILB will post them only until the space is needed.

MORE - Here is Judge McKinney's Order of 1/12/2009 (1536). He has reviewed the affidavits and rules that all but three lawyers are off the hook. (p. 3). Beginning on p. 4 the Judge reviews the affidavits of the experts. Then on p. 6:

It is the opinion of this Court that further action against [attorneys] Ezell, Moesser, and Thompson is unnecessary. The publishing of this and prior orders is sufficient. Further proceedings would create time consuming litigation threatening to overtake the issues of the case and draw time and energy away from the Court’s and the attorneys’ task of bringing this litigation to a close with as little delay as possible. No disciplinary action is recommended by this Court.
The conclusion on p. 7:
For the reasons stated herein, the Court concludes that defendants, Cinergy Corp., PSI Energy, Inc., and The Cincinnati Gas & Electric Company, and their counsel of record as of May 5, 2008, have SHOWN CAUSE why said counsel should not be subject to disciplinary proceedings in this Court. However, defendants, Cinergy Corp., PSI Energy, Inc., and The Cincinnati Gas & Electric Company, have FAILED to SHOW CAUSE why they should not pay for plaintiffs’, the United States of America (“USA”), and plaintiff-intervenors’, the State of New York, the State of New Jersey, the State of Connecticut, the Hoosier Environmental Council, and the Ohio Environmental Council, attorneys’ fees for bringing these issues to the Court’s attention. Within thirty (30) days of the date of this Order, plaintiffs’, the United States of America (“USA”), and plaintiff-intervenors’, the State of New York, the State of New Jersey, the State of Connecticut, the Hoosier Environmental Council, and the Ohio Environmental Council, shall file a statement of attorneys’ fees for filing Plaintiffs’ Motion for New Trial.

Posted by Marcia Oddi on January 13, 2009 01:26 PM
Posted to Ind Fed D.Ct. Decisions