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Stanton Energy Center Lawsuit Updates

January 4, 2021
Below is the official Court’s Order of Dismissal from the United States Court of Appeals For The Eleventh Circuit


November 20, 2020
Plaintiffs Drop Federal Lawsuit against OUC; Judge Dismisses Case

Statement by Orlando Utilities Commission
Re: Federal District Court Entering an Order Dismissing All Claims Against OUC in 2018 Lawsuit

On Wednesday, November 18, 2020, the federal district court entered an Order dismissing, with prejudice, all claims against OUC in the lawsuit filed in 2018, in which Plaintiffs alleged contamination from OUC’s Stanton Energy Center had damaged their properties. The court’s order, which terminates the lawsuit in its entirety, was issued in response to Plaintiffs’ request to dismiss their claims against OUC. This request for dismissal was a voluntary and unilateral decision by Plaintiffs to abandon their claims -- it was not based on any settlement or agreement with OUC.

From the outset, OUC has been confident that Plaintiffs’ claims were unsupported by any sound science and inconsistent with data reported by the Florida Department of Health. Plaintiffs’ request to dismiss this lawsuit with prejudice fully confirms that their claims had no merit.

OUC also has filed a motion with the federal court of appeals to vacate an earlier ruling by the federal district court that OUC believes was incorrect and had appealed. While that earlier ruling is no longer important to this case because of the dismissal Order, OUC believes that it should be vacated because future litigants might attempt to rely on it.

We are pleased with the Plaintiffs’ decision to dismiss the case, and we hope that the withdrawal of their claims and termination of the lawsuit will provide our customers and neighbors with peace of mind.

Here are the most recent court filings:


May 22, 2020
Court Order Asking for Additional Briefing and OUC’s Supplemental Briefing

On May 11, the Court issued an order asking OUC to file an additional brief covering four specific issues relevant to OUC’s pending motion for judgment on the pleadings that address sovereign immunity.  

OUC filed a supplemental brief on May 21 in direct response to the Court’s order.


May 20, 2020
OUC Response in Opposition to Plaintiff’s Motion to Extend Deadlines

UPDATE AS OF MAY 22, 2020: Court entered an amended order in matter below, only granting plaintiffs a 30 day extension.

On May 20, 2020, OUC filed a response with the United States District Court for the Middle District of Florida in opposition to Plaintiff’s motion to extend deadlines for an additional 90 days.


April 3, 2020
Order Denying U.S. Home Corporation and Lenar Corpration Motion

On April 3, 2020, Federal District Court Judge Roy B. Dalton Jr. issued an order on a motion for summary judgment which was filed by the following defendants: Lennar Corporation and U.S. Home Corporation.


January 14, 2020
Statement by OUC: Motion for Partial Judgement on the Pleadings

Statement by OUC: 

“OUC attorneys today presented arguments for why the Court should grant OUC’s motion for partial judgment in OUC’s favor on one of the two claims brought by plaintiffs against the organization in the federal lawsuit. OUC attorneys asserted that OUC is a public entity protected by sovereign immunity and asked the Court to enter judgment in OUC’s favor. We appreciate the Court’s consideration and will await a decision.”


December 10, 2019
Florida Department of Health Determines No Evidence of Cancer Cluster Surrounding Stanton Energy Center

We are pleased that the Florida Department of Health responded to Orange County Mayor Jerry Deming’s request for a detailed review of data related to concerns about a potential cancer cluster in a local area in Orange County.
 
The department reported that it analyzed data from the Florida Cancer Data System and also conducted soil tests in the area, which encompassed several zip codes around the Stanton Energy Center. All readings were found to be within the normal expected radiation background for Florida and no unusual levels were noted. Furthermore, the department reported that its findings did not provide evidence to substantiate a cancer cluster. 
 
We understand that our neighbors have been concerned and we hope these findings help alleviate their concerns. We thank the Florida Department of Health for their thorough review.

Florida Department of Health Report

October 17, 2019
Motion for Partial Judgement on the Pleadings

Motion for Partial Judgement on the Pleadings

August 19, 2019

On August 8, 2019, Federal District Court Judge Roy B. Dalton Jr. issued an order on a motion to dismiss which was filed by the following defendants: Avalon Park Group Management, Inc., Beat Kahli, Lennar Corporation, Lennar Homes, LLC and U.S. Home Corporation.


June 4, 2019
Case Management and Scheduling Order

Case Management and Scheduling Order

April 10, 2019
Answer and Affirmative Defenses document filed by OUC on Tuesday, April 10, 2019.

Answer and Affirmative Defenses document filed by OUC on Tuesday, April 10, 2019

The Answer and Affirmative Defenses filing is in response to plaintiff’s amended complaint

April 9, 2019
Chief Legal Officer Chris Browder's Remarks as Prepared for the OUC Commission Meeting

Chief Legal Officer Chris Browder's Remarks as Prepared for the OUC Commission Meeting

March 17, 2019
Answer and Affirmative Defenses document that OUC filed Sunday, March 17, 2019.

Answer and Affirmative Defenses document that OUC filed Sunday, March 17, 2019.

March 12, 2019
CEO Clint Bullock's Remarks as Prepared for the OUC Commission Meeting

CEO Clint Bullock's Remarks as Prepared for the OUC Commission Meeting

February 19, 2019
Media Statement in response to the February 19, 2019 meeting held by Cohen Milstein

“OUC understands the concern these allegations may be causing in our community and recognizes that residents likely have many questions. We take these concerns very seriously, and it is important for the community to know that we strongly disagree with these allegations and plan to vigorously defend OUC and the environmental record of Stanton Energy Center. However, because of the pending litigation, we are unable to discuss the allegations in further detail at this time.”


February 8, 2019
Statement by Orlando Utilities Commission RE: Notice of Removal

"Today, the Orlando Utilities Commission filed a notice of removal with the United States District Court for the Middle District of Florida in the pending coal ash lawsuit filed in late December of 2018.

"The notice of removal transfers the responsibility for handling the case from the state court in Orange County to the federal district court in Orlando.  The removal is based on plaintiffs’ allegations that claim radioactive materials from the Stanton Energy Center coal operations have been deposited in areas surrounding the center.

"OUC strongly disputes these claims.  However, because plaintiffs’ allegations concerning radioactive materials were included in their complaint, OUC asserts the law requires the lawsuit to be resolved in federal court pursuant to the Price-Anderson Act, a federal statute that specifies the appropriate court for deciding such claims."


January 22, 2019
CEO Clint Bullock's Remarks as Prepared for the OUC Commission Meeting

CEO Clint Bullock’s Remarks as Prepared for the OUC Commission Meeting