Missouri Joint Municipal Electric Utility Commission v. GridLiance High Plains, LLC, No. 6:2019cv03338 - Document 142 (W.D. Mo. 2021)
Court Description: ORDER granting plaintiff's 72 motion for partial summary judgment; denying defendant's 73 motion for summary judgment. Signed on 6/3/21 by District Judge M. Douglas Harpool. (View, Pat)
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Dockets.Justia.com IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF MISSOURI SOUTHERN DIVISION ORDER BACKGROUND Missouri Joint Municipal Electric Utility Commission v. GridLiance High Plains, LLC Doc. 142 7.3.1 For Failure to Meet Start-Up Requirements 7.3.2 At MJMEUC’s Option 7.1.2 Initial Term and Renewal Terms 7.1.1 Effective Date STANDARD Reich v. ConAgra, Inc. Quinn v. St. Louis County Celotex Corp. v. Catrett Anderson v. Liberty Lobby, Inc. Matsushita Elec. Indus. Co. v. Zenith Radio Corp. DISCUSSION 1. Plaintiff terminated the CDA pursuant to 7.3.1(d) effective November 10, 2019, by way of the October 10, 2019 written notice. A. Proposed Project B. Direct Assignment Facility 4.3.1 Direct Assignment Projects after 2. Waiver or Stipulation Pursuant to 7.3.1 (c). Alea London Ltd. v. Bono-Soltysiak Enterprises Id. 3. Plaintiff also terminated the CDA pursuant to 7.3.2 by way of the October 11, 2019 letter (supplemented on October 29, 2019) terminating the CDA at the latest on June 30, 2024. 7.3.2 At MJMEUC’s Option arguendo Execution Date. 4. Upon termination of the CDA Plaintiff is entitled to repurchase the Nixa Assets and Defendant is obligated to sell them in accordance with the CDA and the APA. CONCLUSION GRANTS ORDERS DENIES IT IS SO ORDERED. DATED: Douglas Harpool
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