Arch of Kentucky, Inc., et al v. OWCP, et al
| APOGEE COAL COMPANY, LLC and ARCH OF KENTUCKY, INC., nka Core Natural Resources, Inc. |
| DIRECTOR, OFFICE OF WORKERS' COMPENSATION PROGRAMS, U.S. DEPARTMENT OF LABOR, DORIS BROWNING, o/b/o and survivor of R.B. Browning and BENEFITS REVIEW BOARD |
| 26-3024 |
| January 9, 2026 |
| U.S. Court of Appeals, Sixth Circuit |
| Other |
Docket Report
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| Filing 26 REPLY BRIEF filed by Attorney Mr. Walter William Prochot for Petitioners Apogee Coal Company, LLC and Arch Resources, Inc. in 25-3857, Attorney Mr. Walter William Prochot for Petitioners Arch of Kentucky, Inc. and Apogee Coal Company, LLC in 26-3024. Certificate of Service: 07/07/2026. [25-3857, 26-3024] (WWP) [Entered: 07/07/2026 12:49 PM] |
| Filing 25 RESPONDENT BRIEF filed by Ms. Amanda Torres for OWCP in 26-3024, 25-3857. Certificate of Service: 06/16/2026. Argument Request: not requested.. [26-3024, 25-3857] (AT) [Entered: 06/16/2026 04:50 PM] |
| Filing 24 RULING LETTER SENT granting respondent's motion to extend time to file brief by 8 days [ # 23 ] filed by Ms. Amanda Torres in 25-3857, resetting briefing schedule: respondent brief now due 06/16/2026. [25-3857, 26-3024] (MMP) [Entered: 06/02/2026 09:43 AM] |
| Filing 23 MOTION filed by Ms. Amanda Torres for OWCP in 25-3857, 26-3024 to extend time to file brief. Certificate of Service: 06/01/2026. [25-3857, 26-3024] (AT) [Entered: 06/01/2026 04:20 PM] |
| Filing 22 RULING LETTER SENT granting respondent's motion to extend time to file brief by 30 days [ # 21 ] filed by Ms. Amanda Torres. in 26-3024, resetting briefing schedule: respondent brief now due 06/08/2026. [26-3024, 25-3857] (MMP) [Entered: 05/04/2026 12:23 PM] |
| Filing 21 MOTION filed by Ms. Amanda Torres for OWCP in 26-3024, 25-3857 to extend time to file brief. Certificate of Service: 05/01/2026. [26-3024, 25-3857] (AT) [Entered: 05/01/2026 05:00 PM] |
| Filing 20 APPEARANCE filed for Respondent OWCP by Amanda Torres. Certificate of Service: 04/30/2026. [26-3024] (AT) [Entered: 04/30/2026 03:13 PM] |
Filing 19
ORDER filed: Grounds for a briefing abeyance having not been demonstrated, the Directors motion for a briefing abeyance [ # 15 ] is DENIED. The February 27, 2026 briefing schedule remains in effect. [25-3857, 26-3024] (MMP) [Entered: 04/17/2026 08:12 AM]
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| Filing 18 APPENDIX filed by Mr. Walter William Prochot for Apogee Coal Company, LLC and Arch Resources, Inc. in 25-3857, Mr. Walter William Prochot for Arch of Kentucky, Inc. and Apogee Coal Company, LLC in 26-3024. Volume: 1; Pages: J.A. 1 - J.A. 316.. Certificate of Service: 04/08/2026. [25-3857, 26-3024] (WWP) [Entered: 04/08/2026 01:53 PM] |
| Filing 17 PETITIONER BRIEF filed by Mr. Walter William Prochot for Apogee Coal Company, LLC and Arch Resources, Inc. in 25-3857, Mr. Walter William Prochot for Arch of Kentucky, Inc. and Apogee Coal Company, LLC in 26-3024.. Certificate of Service: 04/08/2026. Argument Request: requested. [25-3857, 26-3024] (WWP) [Entered: 04/08/2026 01:47 PM] |
| Filing 16 RESPONSE in opposition filed regarding a motion to hold briefing in abeyance, [ # 15 ]; previously filed by Ms. Amanda Torres for OWCP in 25-3857. Response from Attorney Mr. Walter William Prochot for Petitioners Apogee Coal Company, LLC and Arch Resources, Inc. in 25-3857, Attorney Mr. Walter William Prochot for Petitioners Arch of Kentucky, Inc. and Apogee Coal Company, LLC in 26-3024. Certificate of Service: 04/02/2026. [25-3857, 26-3024] (WWP) [Entered: 04/02/2026 04:32 PM] |
| Filing 15 MOTION filed by Ms. Amanda Torres for OWCP in 25-3857 to hold briefing in abeyance. Certificate of Service: 04/01/2026. [25-3857, 26-3024] (AT) [Entered: 04/01/2026 03:57 PM] |
| Filing 14 BRIEFING LETTER SENT setting briefing schedule: petitioner brief due 04/08/2026; respondent brief due 05/08/2026 [25-3857, 26-3024] (MMP) [Entered: 02/27/2026 04:57 PM] |
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Filing 12
ORDER filed: Upon review, the motions to consolidate [ # 7489615-2 ] [ # 11 ] and the motion for extension [ # 7491363-2 ] are GRANTED. The clerk will issue a consolidated briefing schedule. The petitioners shall file a consolidated brief, and the Director may file a single respondents brief. Either minor or survivor, as appropriate, may file an individual respondents brief. The decision to hold oral argument or not and the structure of any appellate argument are reserved to the merits panel to which these cases will be assigned. [25-3857, 26-3024] (MMP) [Entered: 02/27/2026 04:21 PM]
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| Filing 11 MOTION filed by Mr. Walter William Prochot for Apogee Coal Company, LLC and Arch of Kentucky, Inc. to consolidate for briefing and submission cases Apogee Coal Co. v. Director, OWCP, [Doris Browning], Case No. 26-3024 with Apogee Coal Co. v. Director, OWCP, [Steely], Case No. 25-3857. Certificate of Service: 02/23/2026. [26-3024] (WWP) [Entered: 02/23/2026 11:35 AM] |
| Filing 10 APPEARANCE filed for Petitioners Apogee Coal Company, LLC and Arch of Kentucky, Inc. by W. William Prochot. Certificate of Service: 02/20/2026. [26-3024] (WWP) [Entered: 02/20/2026 10:31 AM] |
| Filing 9 ***DOCUMENT LOCKED- COUNSEL INSTRUCTED TO REFILE AND LIST CORRECT PARTIES NAMES ON FORM*** APPEARANCE filed for Petitioners Apogee Coal Company, LLC and Arch of Kentucky, Inc. by W. William Prochot. Certificate of Service: 02/20/2026. [26-3024]--[Edited 02/20/2026 by VLP] (WWP) [Entered: 02/20/2026 10:07 AM] |
| Filing 8 BRIEFING LETTER SENT setting briefing schedule: petitioner brief due 03/23/2026; respondent brief due 04/22/2026. (GSA) [Entered: 02/09/2026 03:02 PM] |
| Filing 7 RECORD RECEIVED. Orig Record - Other, Comment: Certified Case Record from Benefits Review Board., Sealed: None. (MDD) [Entered: 02/09/2026 02:49 PM] |
| Filing 6 Petition for Review filing fee paid Mr. Michael Anthony Pusateri for Apogee Coal Company, LLC and Arch of Kentucky, Inc.. Fee Amount: $600.00 Receipt Number: A06-77185-176.. [26-3024] (MAP) [Entered: 01/28/2026 08:41 AM] |
| Filing 5 LOCKED ** DUPLICATE FILING ** SEE APPEARANCE FORM AT #4 ** APPEARANCE filed for Petitioners Apogee Coal Company, LLC and Arch of Kentucky, Inc. by Michael A. Pusateri. Certificate of Service: 01/22/2026. [26-3024]--[Edited 01/23/2026 by GSA] (MAP) [Entered: 01/22/2026 03:54 PM] |
| Filing 4 APPEARANCE filed for Petitioners Apogee Coal Company, LLC and Arch of Kentucky, Inc. by Michael A. Pusateri. Certificate of Service: 01/22/2026. [26-3024] (MAP) [Entered: 01/22/2026 03:39 PM] |
| Filing 3 CORPORATE DISCLOSURE STATEMENT. Name of Counsel: Michael A. Pusateri ; Apogee Coal Company, LLC and Arch of Kentucky, Inc. makes the following disclosure: 1. Is said party a subsidiary or affiliate of a publicly owned corporation? Yes, Arch Resources and CONSOL Energy merged to create Core Natural Resources on January 14, 2025. 2. Is there a publicly owned corporation, not a party to the appeal, with a financial interest in the outcome? Yes, Core Natural Resources has a financial interest in the outcome of this case. It has an interest because Arch Resources is now a part of Core Natural Resources. Certificate of Service: 01/22/2026. [26-3024] (MAP) [Entered: 01/22/2026 01:43 PM] |
| Filing 2 LOCKED ** PARTIES LISTED DO NOT MATCH PARTIES IN THE APPEAL ** PLEASE CORRECT AND REFILE ** APPEARANCE filed for Petitioners Apogee Coal Company, LLC and Arch of Kentucky, Inc. by Michael Pusateri. Certificate of Service: 01/22/2026. [26-3024]--[Edited 01/22/2026 by GSA] (MAP) [Entered: 01/22/2026 01:41 PM] |
| Filing 1 Agency Case Docketed. Notice filed by Petitioners Apogee Coal Company, LLC and Arch of Kentucky, Inc.. Petition Received in 6CA: 01/09/2026. Respondents' counsel has been served by ECF with an email via CM/ECF. (GSA) [Entered: 01/09/2026 02:40 PM] |
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