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The Southern Co. Inc.
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Order | Filed: May 02, 2024 | Entered: May 02, 2024 The Southern Company Employee Savings Plan v. Costa et al
Labor: E.R.I.S.A. | Alabama Southern
Order Setting Motion Deadline/Hearing
TEXT-ONLY ORDER Setting Motion Deadlines re: 24 MOTION to Dismiss Third Party Complaint filed by Southern Company Employee Savings Plan Committee. District Judge referred said motion to Mag. Judge for appropriate action. See S.D. Ala. GenLR 72(b); (5/2/2024 elec. ref.). Nonmovant brief(s) in response to said motion, if any, must be filed and served no later than 5/22/2024, which is also the deadline for the Third-Party Plaintiff to amend the third-party complaint once as a matter of course under Fed. R. Civ. P. 15(a)(1)(B). See Fed. R. Civ. P. 15(a)(1) advisory committees note to 2009 amendment (explaining that the current version of Rule 15(a)(1) was enacted to "force the pleader to consider carefully and promptly the wisdom of amending to meet the arguments in [a Rule 12(b), (e), or (f)] motion[, as a] responsive amendment may avoid the need to decide the motion or reduce the number of issues to be decided..."). Movant's brief in reply to the response(s), if any, must be filed and served no later than 5/31/2024. See S.D. Ala. GenLR 5(a) and CivLR 7 for briefing technical requirements. Motion to be taken under submission on 6/1/2024. Except as permitted by the Court's Local Rules, e.g., S.D. Ala. CivLR 7(f)(3), no other briefing or submissions addressing the subject motion may be filed without leave of the Court for good cause shown. Should the Court determine that oral argument would be beneficial, a hearing will be set by separate order. Otherwise, the motion is being submitted without oral argument. See Fed. R. Civ. P. 78(b); S.D. Ala. CivLR 7(h). "Oral argument requests must contain specific reasons why oral argument would be helpful." S.D. Ala. CivLR 7(h). Signed by Magistrate Judge Katherine P. Nelson on 5/2/2024. (ctn)
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Misc | Filed: May 02, 2024 | Entered: May 02, 2024 The Southern Company Employee Savings Plan v. Costa et al
Labor: E.R.I.S.A. | Alabama Southern
Corporate Disclosure Statement
Corporate Disclosure Statement filed by ThirdParty Defendant Southern Company Employee Savings Plan Committee Southern Company Services, Inc., Counter Defendant Southern Company Employee Savings Plan Committee Southern Company Services, Inc.. (Kimble, Cavender)
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Utility | Filed: May 02, 2024 | Entered: May 02, 2024 The Southern Company Employee Savings Plan v. Costa et al
Labor: E.R.I.S.A. | Alabama Southern
Motions Referred
MOTIONS REFERRED: 24 MOTION to Dismiss Third Party Complaint Referred to Judge Katherine P. Nelson. (meh)
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