DIS - Case Record for 05-1014-EL-CSS Skip to main content
      
      
CASE NUMBER: 05-1014-EL-CSS
CASE DESCRIPTION: BMW PIZZA INC & DPNY INC AND ETAL VS FIRSTENERGY CORPORATION ETAL
DOCUMENT SIGNED ON: 4/19/2024
DATE OF SERVICE: ________________________________________
06/07/2011 Case Action Form Archiving Case electronically filed by Christine MT Pirik on behalf of PUCO.
07/28/2009 Memo requesting archival of case effective 07/28/09.
04/04/2007 Entry ordering that the respondents' February 5, 2007, motion be granted to dismiss Pak Yan Lui and John Summers as complainants in 04-28 and to dismiss Regional Therapy, Inc. as a complainant in 05-80; that the motion filed by BMW Pizza complainants to dismiss their claims be granted and 05-1014 be dismissed without prejudice; parties remaining in this consolidated proceeding comply with directive in finding (10).
04/04/2007 Service Notice
04/04/2007 Notice of filing filed by D. Galivan on behalf of complainants.
04/04/2007 Motion for an extension of the procedural schedule and motion for a continuance of the hearing and request for expedited ruling on the motion for an extension of the procedural schedule and motion for a continuance of the hearing by Allianz Global Risks US Insurance Company, et al and Lexington Insurance Company, et al and memorandum in support filed by D. Galivan.
04/03/2007 Motion for an extension of the procedural schedule, motion for continuance of the hearing, request for expedited ruling on the motion, memorandum in support filed by D. Galivan and L. Wargo on behalf of complainants. (FAX)
03/15/2007 Second motion of respondents to compel discovery from complainant, S.G. Foods, Inc. and memorandum in support filed by M. Whitt
02/26/2007 Motion to dismiss and memorandum in support on behalf of BMW Pizza, Inc. filed by P. O'Malley.
02/20/2007 Motion to dismiss certain complainants for failure to respond to discovery and memorandum in support filed by M. Whitt.
02/13/2007 Answer to respondents' first set of interrogatories and requests for production of documents to complainants filed on behalf of.S.G. Foods, Inc., et. al., filed by E. Siegel.
02/13/2007 Response to motion to compel, filed on behalf of S.G. Foods, Inc. (complainant) by E. Siegel.
02/05/2007 Service Notice
02/05/2007 Entry ordered that each complainant in these consolidated cases respond within ten days, to discovery requests propounded by respondents on September 29, 2007. (JK)
02/02/2007 Motion for admission pro hac vice of Alyssa J. Endelman and memorandum in support filed on behalf of complainants by L. Wargo.
01/26/2007 The Insurance Company Complainants' supplemental response to respondents' motion to compel discovery filed by D. Galivan.
01/25/2007 Supplemental memorandum in support of motion to compel discovery filed by M. Rawlin.
01/25/2007 Supplemental response to respondent's (expedited) motion to compel discovery filed by D. Galivan on behalf of The Insurance Company. (FAX)
01/18/2007 Response to Respondents (expedited) motion to compel discovery filed by D. Galivan on behalf of the Insurance Company Complainants. (Original)
01/17/2007 Response to Respondents (expedited) motion to compel discovery filed by D. Galivan on behalf of the Insurance Company Complainants. (FAX)
01/16/2007 Respondents' motion to compel discovery (expedited ruling request) and memorandum in support filed by M. Whitt.
10/30/2006 Service Notice
10/26/2006 Entry ordered that the hearing in these proceedings shall commence on Tuesday, October 16, 2007, at 10:00 a.m., in hearing room 11-C, 11th floor, at the offices of the Commission, 180 E. Broad Street, Columbus, OH 43215. and the schedule set forth in findings (4) through (10) be established. (JK)
10/13/2006 Service Notice
10/12/2006 Entry ordered that a telephonic prehearing conference should be held on Wednesday October 25, 2006, at 10:00 a.m. At that time, the parties should call the Commission's bridge line, at 614-644-1080. (JK)
10/06/2006 Answer of American Transmission Systems, Inc. and The Cleveland Electric Illuminating Company to third amended complaint of Miles Management Corp., ET AL filed by M. Whitt.
09/27/2006 Service Notice
09/27/2006 Entry ordering that Cleveland Public Power be dismissed from case 05-803-EL-CSS; that Miles Management Corp. be dismissed as a complainant in case 05-803-EL-CSS; that Ohio Edison be dismissed from case 05-1014-EL-CSS; that cases 05-1020-EL-CSS and 03-1833-EL-CSS be dismissed and closed of record.
08/31/2006 Answer to second amended complaint on behalf of BMW Pizza, Inc. et al filed by M. Whitt.
08/24/2006 Motion for leave to file third amended complaint, instanter, third amended complaint filed on behalf of Miles Management Corp., et al by A. Paul. (original)
08/23/2006 Motion for leave to file third amended complaint instanter, third amended complaint filed on behalf of Miles Management Corp., et al by A. Paul. (FAX)
08/14/2006 Second amended complaint filed by P. O'Malley on behalf of BMW Pizza, Inc. & DPNY, Inc.
08/07/2006 Service Notice
08/07/2006 Entry ordered that the Miles respondents' motion to dismiss the Miles complaint be denied, ordered that motion to strike task force report be denied, ordered that motion to strike counts one and two of the complaint be granted, ordered that motion to strike count three of complaint be denied, ordered that motion to strike certain prayers for relief in complaint be denied, ordered that entities in paragraph 14 of the amended complaint be denied. (JK)
07/13/2006 Reply memorandum in support of motion to dismiss or, alternatively, to strike certain portions of the first amended complaint of BMW Pizza, Inc., et.al., filed on behalf of FirstEnergy Corp., et al by M. Whitt.
07/10/2006 Reply memorandum in support of motion to dismiss second amended complaint or, in the alternative, to strike the exhibit to the second amended complaint of Miles Management Corp., et al. filed by M. Whitt.
07/10/2006 Reply memorandum in support of the motion to dismiss or, alternatively , to strike certain portions of the amended complaint of Lexington Insurance Company, et al. filed by M. Whitt.
07/10/2006 Reply memorandum in support of the motion to dismiss or, alternatively, to strike certain portions of the amended complaint of Allianz US Global Risk Insurance Company, et al. filed by M. Whitt.
07/05/2006 Brief in opposition of FirstEnergy Inc.'s motion to dismiss or strike portions of the amended complaint filed on behalf of BMW Pizza, Inc. & DPNY, Inc. by P.J. O'Malley.
06/13/2006 Motion to dismiss second amended complaint or, in the alternative, to strike the exhibit to the second amended complaint of Miles Management Corp., et al filed by M. Whitt.
06/13/2006 Motion to dismiss or, alternatively, to strike certain portions of the first amended complaint of, BMW Pizza, Inc, et al filed by M. Whitt.
06/13/2006 Motion to dismiss or, alternatively, to strike certain portions of the amended complaint of Allianz US Global Risk Insurance Company, et al and memorandum in support filed by M. Whitt.
06/13/2006 Motion to dismiss or alternatively to strike certain portions of the amended complaint of Lexington Insurance Company, et al. and memorandum in support filed by M. Whitt.
06/13/2006 Renewed motion to dismiss complaint of Triple A Sport Wears, Inc. and memorandum in support filed by M. Whitt.
06/07/2006 Answer to the second amended complaint on behalf of respondents American Transmission Systems, Inc. (ATSI) and The Cleveland Electric Illuminating Co. (CEI) filed by D. Kutik.
06/06/2006 Answer to amended complaint on behalf of Lexington Ins Co. filed by D. Kutik.
06/06/2006 Answer to amended complaint on behalf of Allianz US Global Risk Ins. Co. filed D. Kutik.
06/05/2006 Answer to first amended complaint on behalf of BMW Pizza, Inc. filed by D. Kutik.
05/15/2006 First amended complaint of the complainants BMW Pizza & DPNY, Inc., et al filed by P. O'Malley.
04/28/2006 Service Notice
04/28/2006 Entry ordering that complainants in all consolidated complaint cases shall, by not later than 20 days from the date of this entry, comply with the Commission's orders that the complaints be amended, as set forth either in its March 7, 2006, entry or in its April 26, 2006, entry on rehearing. (JWK)
04/26/2006 Entry ordered that the application for rehearing by the S.G. Foods complainants be denied; that the application for rehearing by the insurance complainants be granted in part and denied in part; that the application for rehearing by the FE respondents be denied.
04/26/2006 Service Notice
04/06/2006 Application for rehearing filed by M. Whitt on behalf of respondents.
03/17/2006 Service Notice
03/16/2006 Entry ordering that the motion to extend the deadline be granted(JWK).
03/07/2006 Entry stating that the S.G. Foods complaint against FirstEnergy Corp. be dismissed; the Miles complaint against FirstEnergy be dismissed; that the Allianz complaint against FirstEnergy Corp. be dismissed; that the Lexington complaint against FirstEnergy Corp. dismissed; that the Triple A complaint against FirstEnergy be dismissed; that the Kucinich complaint against FirstEnergy Corp be dismissed; that the purported complaint by Coalition and Consumers be dismissed.
03/07/2006 Service Notice
02/21/2006 Reply memorandum in support of motion to dismiss filed on behalf of respondents by M. Whitt.
02/13/2006 Complainants brief in opposition to the FirstEnergy respondents motion to dismiss filed by P. O'Malley.
02/10/2006 Complainant brief in opposition to the FirstEnergy, respondent's motion to dismiss filed by P. O'Malley. (FAX)
02/03/2006 Service Notice
02/03/2006 Entry granting complainants' motion for extension of time to file the memorandum contra until February 7, 2006. (JK)
02/01/2006 Motion for extension of time to respond to FirstEnergy's motion to dismiss filed by P. O'Malley on behalf of complainant.
01/13/2006 Motion to dismiss and memorandum in support, filed on behalf of FirstEnergy Corp. by M. Whitt.
11/07/2005 Motion of complainants for partial dismissal of respondents, American Electric Power, Midwest Independent Transmission System Operator, Inc., and PJM Interconnection, LLC, without prejudice filed by P. O'Malley. (original)
11/04/2005 Complainants' motion for partial dismissal of respondents, American Electric Power, Midwest Independent Transmission System Operator, Inc.'s and PJM Interconnection, LLC without prejudice by P. O'Malley. (FAX)
10/27/2005 Memorandum contra complainants' motion for an extension of time to respond to the companies' motion to dismiss, affidavit of Andrew C. Emerson, filed by A. Emerson on behalf of American Electric Power, Columbus Southern Power Company and Ohio Power Company.
10/26/2005 Motion to dismiss the complaint for lack of subject matter jurisdiction, memorandum in support filed by M. Petricoff on behalf of PJM Interconnection, L.L.C.
10/21/2005 Complainants' Motion for extension of time to respond to American Electric Power's, Columbus Southern Power Company's and Ohio Power Company's motion to dismiss and Midwest Independent Transmission Systems Operator, Inc's motion to dismiss Expedited Treatment filed by P. O'Malley
10/07/2005 Motion pro hac vice and memorandum in support filed by M. H. Petricoff on behalf of PJM Interconnection, LLC.
10/07/2005 Answer of PJM Interconnection, LLC filed by M. H. Petricoff.
10/07/2005 Answer and motion to dismiss and memorandum in support filed by R. Fiore on behalf of Midwest Independent Transmission Systems Operator, Inc.
10/07/2005 Notice of withdrawal and substitution of counsel filed by M. H. Petricoff on behalf of PJM Interconnection, LLC.
10/06/2005 Answer of the First Energy respondents filed by M. Whitt.
09/14/2005 Entry ordering that PJM's motion for an extension of time to file an answer to this complaint, until October 7, 2005, be granted.(JK)
09/14/2005 Service Notice
09/12/2005 Second motion for an extension of time to respond filed by J. Gall on behalf of PJM Interconnection, LLC.
09/12/2005 Answer and motion to dismiss, memorandum in support filed by A. Emerson on behalf of American Electric Power, Columbus Southern Power Company and Ohio Power Company.
09/08/2005 Entry granting MISO's motion for an extention of time to file an answer to this complaint until October 7, 2005.
09/08/2005 Service Notice
09/07/2005 Motion for extension of time to file answer filed by R. Hart on behalf of Midwest Independent Transmission System Operator, Inc.
09/06/2005 Service Notice
09/06/2005 Entry granting PJM's motion for an extension of time to file an answer to this complaint, until September 12, 2005; that the First Energy group's motion for an extension of time to file an answer to this complaint, until October 7, 2005 be granted. (JK)
09/02/2005 Motion for extension of time to answer, filed on behalf of FirstEnergy Corp. by M. Whitt.
09/02/2005 Motion for an extension of time to respond to complaint, filed by PJM Interconnection by J. Gall.
09/01/2005 Service Notice
08/31/2005 Entry ordered that CSP and OPC shall file their answer to the complaint in this proceeding by no later than September 12, 2005. (JK)
08/29/2005 Motion for an extension of time to file answer, filed on behalf of Columbus Southern Power Company and Ohio Power Complaint by A. Emerson.
08/18/2005 Complaint service letter and copy of complaint mailed to M. Resnik of American Electric Power Service Corp.
08/18/2005 Complaint service letter and copy of complaint mailed to American Transmission Systems in c/o C.T. Corp.
08/18/2005 Complaint service letter and copy of complaint mailed to H. Wagner of Cleveland Electric Illuminating Co.
08/18/2005 Complaint service letter and copy of complaint mailed to FirstEnergy.
08/18/2005 Complaint service letter and copy of complaint mailed to H. Wagner of Ohio Edison Co.
08/18/2005 Complaint service letter and copy of complaint mailed to D. Blank of Pennsylvania Power Co.
08/18/2005 Complaint service letter and copy of complaint mailed to Midwest Independent Transmission System Operation Inc.
08/18/2005 Complaint Service Letter and copy of Complaint mailed to C. Glazer of PJM Interconnection LLC.
08/18/2005 Complaint Service Letter and copy of Complaint mailed to H Wagner, Toledo Edison.
08/15/2005 In the matter of the complaint of numerous consumers (vs) FirstEnergy Corporation, American Transmission Systems, Inc., Ohio Edison Company, The Cleveland Electric Illuminating Company, The Toledo Edison company, Pennsylvania Power Company, America Electric Power, Midwest Independent Transmission System Operator, Inc., PJM Interconnection, LLC., John Does 1-100 for the alleged negligence, recklessness, breach of contract and warranty, and regulatory violations.