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CASE INFORMATION
Case Number: 2016073
Appellant #1: CLEAN AIR COUNCIL

VIEW CASE INFORMATION FOR THIS CASE

ACTIVE CASE

# Filing Date Description Documents (?)
1 04-29-2016 Appellant Clean Air Council's Notice of Appeal of Plan Approval #23-0119E
2 05-02-2016 PREHEARING ORDER NO. 1: Discovery completed by October 31, 2016; joint statement regarding settlement conference June 21, 2016; dispositive motions filed by November 28, 2016.
3 05-19-2016 NOTICE OF APPEARANCE: On behalf of the [Department] Jessica Hunt and Douglas White, Southeast Region, Norristown, Pa.
4 06-03-2016 NOTICE OF APPEARANCE: On behalf of the [Permittee], David J. Raphael, Esquire, Anthony R. Holtzman, Esquire and Brigid R. Landy, Esquire, K&L Gates, LLP, Harrisburg.
5 06-06-2016 Sunoco Partners Marketing & Terminals, L.P.'s motion for extension of time to respond to Appellant's first set of discovery requests to Permittee
6 06-07-2016 Clean Air Council's response to Sunoco's Motion for Extension of Time to Respond to Discovery Requests
7 06-08-2016 ORDER: The Motion for Extension of Time to Respond to Appellant's First Set of Discovery Requests to Permittee ("Motion") and the response thereto, it is hereby ordered that the motion is granted in part and denied in part. The deadline for the Permittee to serve a response to the First Set of Discovery Requests is extended until June 24, 2016.
8 06-17-2016 Joint Statement on Settlement Conference
9 06-30-2016 Joint Request for Extension of Deadline to File e-Discovery Plan
10 07-01-2016 ORDER: The parties shall submit a joint e-discovery plan in this matter by July 8, 2016.
11 07-01-2016 Clean Air Council Motion for Admission Pro Hac Vice for Ahlers.
12 07-08-2016 Joint Proposed Plan for Conducting Electronic Discovery
13 07-11-2016 Permittee's Motion to Bifurcate
14 07-18-2016 ORDER: Discovery of ESI shall be conducted in accordance with parties' proposed plan. Parties shall file memoranda of law by August 8, 2016 on date to be used in Paragraph 1.
15 07-19-2016 Motion to Compel Discovery Responses from Permittee Sunoco
16 07-19-2016 Clean Air Council's Answer to Sunoco's Motion to Bifurcate Proceedings
17 07-20-2016 ORDER: It is ordered that the motion for Attorney Christopher D. Ahlers to appear as pro hac vice for Clean Air Council is granted.
18 07-20-2016 ORDER: The Permittee's motion to bifurcate is denied.
19 08-03-2016 Sunoco Partners Marketing & Terminals, L.P.'s Response in Opposition to Motion to Compel Discovery
20 08-08-2016 Sunoco Partners Marketing & Terminals, L.P.'s Memorandum of Law on the Date to be Entered at the End of Paragraph 1 of the E-Discovery Plan
21 08-08-2016 Clean Air Council's Brief on the Appropriate Starting Date for Electronic Discovery.
22 08-18-2016 OPINION AND ORDER ON ELECTRONIC DISCOVERY PLAN AND MOTION TO COMPEL: It is hereby ordered as follows: 1) Paragraph 1 of the parties' joint plan on the discovery of electronically stored information shall contain the date of January 1, 2009; 2) Clean Air Council's motion to compel is granted; 3)Sunoco shall provide responsive answers to Clean Air Council's interrogatories and document requests, consistent with this Opinion, on or before September 6, 2016.
23 10-24-2016 Joint Request for Extensions of Discovery and Dispositive Motion Deadlines
24 10-25-2016 ORDER: Discovery completed by January 30, 2017; dispositive motions filed by February 27, 2017.
25 01-06-2017 Joint Request for Extension of Discovery and Dispositive Motion Deadlines
26 01-06-2017 ORDER: All discovery completed by March 31, 2017; all dispositive motions filed by April 28, 2017.
27 03-20-2017 Joint Request for Extension of Discovery and dispositive Motion Deadlines
28 03-21-2017 ORDER: All discovery shall be completed by May 30, 2017; All dispositive motions shall be filed by June 27, 2017.
29 04-18-2017 Clean Air Council's Second Motion to Compel Discovery Responses from Permittee.
30 05-03-2017 Permittee's Response in Opposition to Appellant's Second Motion to Compel Discovery
31 05-08-2017 ORDER: It is ordered that the Appellant's second motion to compel is denied without prejudice to the Appellant's right to file a revised motion if the documents subject to the parties' confidentiality agreement are not produced on or before May 12, 2017.
32 05-30-2017 Joint Request for Extension of Discovery and Dispositive Motion Deadlines.
33 05-30-2017 ORDER: Discovery and dispositive motion deadlines are extended as follows: Discovery - July 14, 2017; Dispositive - August 11, 2017
34 06-28-2017 Joint Request for Extension of Case Management Deadlines.
35 06-28-2017 ORDER: All discovery shall be completed by August 14, 2017; dispositive motions shall be filed by September 11, 2017.
36 08-11-2017 Joint Request to Extend Discovery and Dispositive Motion Deadlines
37 08-15-2017 ORDER: It is hereby ordered that the discovery and dispositive motion deadlines in this matter are extended as follows: 1) All discovery shall be completed by October 13, 2017. 2) All dispositive motions shall be filed by November 10, 2017.
38 10-11-2017 Letter Requesting Status Conference.
39 10-12-2017 Permittee Sunoco Partners Marketing & Terminals,L.P.'s Motion to Strike
40 10-12-2017 ORDER: In consideration of the appellant's letter requesting a status conference, and the permittee's motion to strike the appellant's letter, it is hereby ordered that the letter request for a status conference is denied without prejudice to the appellant's right to file a motion to compel and/or a motion for an extension of discovery.
41 10-13-2017 Appellant's Motion to Extend Deadlines for Discovery and Dispositive Motions
42 10-13-2017 Proposed Order on Motion to Extend Deadlines for Discovery and Dispositive Motions
43 10-13-2017 Appellant's Third Motion to Compel Discovery Responses from Permittee
44 10-13-2017 Exhibits to Motion to Compel (continued)
45 10-13-2017 Exhibits to Motion to Compel (continued)
46 10-13-2017 Exhibit J to Motion to Compel
47 10-14-2017 Proposed Order on Motion to Compel
48 10-23-2017 Sunoco Partners Marketing & Terminals, L.P.'s Response in Oppostion to Clean Air Council's Third Motion to Compel Discovery
49 10-23-2017 Sunoco Partners Marketing & Terminals, L.P.'s Response in Opposition to Motion to Extend Deadlines for Discovery and Dispositive Motions
50 10-27-2017 PREHEARING ORDER NO. 2: A hearing in the above matter is scheduled before the Honorable Bernard A. Labuskes, Jr. beginning at 10:30 a.m. on Monday, March 19, 2018 and continuing thereafter until completed at the Norristown offices of the Environmental Hearing Board, Norristown, Pa. (Strehlow & Assoc.) 1) Appellant's prehearing memo due by February 5, 2018. 2) Department's and Permittee's prehearing memos due by February 26, 2018. 3) Stipulations shall be filed with the Board 5 days before the hearing date...6) Prehearing conference call on March 15, 2018 at 10:00 am.
51 10-27-2017 ORDER: 1) Appellant's third motion to compel is denied. 2) Appellant's motion to extend the discovery deadline is granted in part. All such depositions shall be completed on or before December 1, 2017. Dispositive motions, if any, shall be filed on or before December 22, 2017.
52 12-15-2017 Permittee's Motion to Compel.
53 12-18-2017 The Department's Motion to Dismiss as Moot
54 12-18-2017 Proposed Order for Department's Motion to Dismiss as Moot
55 12-22-2017 Clean Air Council's Motion for Leave to File an Overlength Statement of Undisputed Material Facts.
56 12-22-2017 Clean Air Council's Motion for Summary Judgment.
57 12-22-2017 Permittee Sunoco Partners Marketing & Terminals's Motion for Summary Judgment
58 12-28-2017 Appellant's Answer to Motion to Compel.
59 12-29-2017 ORDER: It is hereby ordered that the motion to compel is denied.
60 01-08-2018 Sunoco Partners Marketing & Terminal L.P.'s Response to Motion for Leave to File Overlength Statement of Undisputed Material Facts
61 01-09-2018 ORDER: It is ordered that CAC's motion for leave to file an over length statement of undisputed material facts is granted. ...Sunoco may exceed the five-page limit.
62 01-16-2018 Department's Request to Increase Page Limits for Response to CAC's Statement of Undisputed Facts, Proposed Order, and Certificate of Service
63 01-17-2018 ORDER: It is ordered the Department's request to increase the page limit for its response to Clean Air Council's statement of undisputed material facts is granted.
64 01-17-2018 Clean Air Council's Response to the Department's Motion to Dismiss as Moot.
65 01-22-2018 Department's Response to Clean Air Council's Motion for Summary Judgment
66 01-22-2018 Clean Air Council's Response to Sunoco's Motion for Summary Judgment
67 01-22-2018 Permittee Sunoco Partners and Marketing Terminals, L.P.'s Response to CAC's Motion for Summary Judgment
68 01-25-2018 Joint Request to Extend Deadlines for Pre-hearing Memoranda and Hearing Dates
69 01-26-2018 ORDER: It is ordered: 1) Appellant shall file its pre-hearing memorandum on or before March 29, 2018. 2) Department and Permittee shall file their pre-hearing memoranda on or before April 19, 2018. 3) The parties shall participate in a pre-hearing conference conducted by telephone at 9:30 a.m. on May 3, 2018. 4) The hearing previously scheduled to begin on March 19, 2018 shall now begin at 10:30 a.m. on May 7, 2018, continue through May 10, 2018, resume on May 16, 2018, and continue thereafter until completed as necessary. (Strehlow & Associates, Inc.)
70 02-01-2018 Department's Reply to CAC's Response to DEP's Motion to Dismiss
71 02-06-2018 Appellee Sunoco Partners and Marketing Terminals, Inc.'s Reply in Support of Its Motion for Summary Judgment
72 02-06-2018 Appellant Council's Reply Brief in Support of Motion for Summary Judgment
73 02-09-2018 OPINION AND ORDER ON PERMITTEE'S MOTION FOR SUMMARY JUDGMENT: It is hereby ordered that Sunoco's motion for summary judgment is denied.
74 02-20-2018 OPINION AND ORDER ON MOTION TO DISMISS: It is ordered that the Department's motion to dismiss is denied.
75 03-09-2018 OPINION AND ORDER ON CLEAN AIR COUNCIL'S MOTION FOR SUMARY JUDGMENT: It is ordered that the Appellant's motion for summary judgment is denied.
76 03-22-2018 ORDER: It is ordered that the parties shall participate in a site view on April 20, 2018. The site view shall commence at 10:30 a.m. at a location to be determined by the parties and provided to the Board.
77 03-29-2018 Appellant Clean Air Council's Pre-Hearing Memorandum
78 03-29-2018 Appellant Clean Air Council's Exhibits to Pre-Hearing Memorandum
79 04-13-2018 Permittee Sunoco Partners Marketing Terminals, LP's Motion in Limine
80 04-16-2018 Sunoco Partners Marketing & Terminals, L.P.'s Second Motion in Limine
81 04-17-2018 DEP's response to Sunoco's first motion in limine
82 04-19-2018 The Department's Pre-Hearing Memorandum
83 04-19-2018 Sunoco Partners Marketing Terminals, L.P.'s Pre-Hearing Memorandum and Exhibits
84 04-27-2018 Clean Air Council's Motion in Limine
85 04-27-2018 Clean Air Council's Response to Sunoco's First Motion in Limine
86 04-27-2018 Clean Air Council's Response to Sunoco's Second Motion in Limine
87 04-30-2018 DEP's response to CAC's Motion in Limine
88 05-01-2018 Permittee SPMT's Response in Opposition to CAC's Motion in Limine
89 05-02-2018 Factual Stipulation of all three parties
90 05-03-2018 ORDER: In consideration of the prehearing conference call and consideration of the parties' motions in limine and the responses, it is ordered: 1) Clean Air Council's motion to exclude evidence regarding lack of proper authorization to commence this appeal is granted... 2) Council's motion to exclude evidence related to the mootness issue is denied...3) Sunoco's motion to exclude evidence regarding Paragraph 10 in the Council's notice of appeal is granted. 4) Sunoco's motion to exclude expert opinion testimony is granted...5)Sunoco's motion to exclude evidence regarding Paragraph 2 in the Council's notice of appeal is denied. 6)Sunoco's motion to exclude evidence that is directed to the objections set forth in Paragraphs 417 and 418 of the Council's prehearing memorandum is granted in part...7) Sunoco's motion to exclude evidence that relates to activities at the site that are or may be or should be the subject of other plan approvals or plan approval applications is denied.
91 05-07-2018 ENTRY OF APPEARANCE: On behalf of [Permittee] Thomas R. DeCesar, Esquire, K&L Gates, LLP, Harrisburg, Pa.
92 06-15-2018 Transcripts received: Original and condensed of hearings held on May 7, 8, 9, and 10, 2018 in Norristown. (Strehlow & Associates)
93 06-15-2018 ORDER: the Board having received the transcripts of the hearing on the merits in this matter, it is ordered that: 1) The Appellant shall file its post-hearing brief on or before August 14, 2018; 2) The Department and Permittee shall file their post-hearing briefs on or before October 15, 2018; and 3) The Appellant's reply brief shall be filed on or before October 30, 2018.
94 08-14-2018 Clean Air Council's Post-Hearing Brief