Ellis v. Alpha Metallurgical Resources, Inc.
Plaintiff: Ricky Ellis
Defendant: Alpha Metallurgical Resources, Inc., Marfork Coal Company, LLC and Spartan Mining, LLC
Case Number: 1:2023cv01353
Filed: November 28, 2023
Court: US District Court for the District of Delaware
Presiding Judge: Jennifer L Hall
Nature of Suit: Labor: Fair Standards
Cause of Action: 29 U.S.C. ยง 201 Denial of Overtime Compensation
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 26, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 26, 2024 Opinion or Order Filing 27 SO ORDERED, re #26 Joint Stipulation and Order Regarding Motion Deadlines. Defendant Alpha Metallurgical Resources, Inc. shall file any motion to transfer venue on or before February 5, 2024. Ordered by Judge Jennifer L. Hall on 1/26/2024. (ceg)
January 26, 2024 Filing 26 Joint STIPULATION and [Proposed] Order Regarding Motion Deadlines by Alpha Metallurgical Resources, Inc.. (McMackin, James)
January 24, 2024 Opinion or Order Filing 25 ORAL ORDER: Having reviewed the parties' January 23, 2024 letter (D.I. #24 ), the Court finds good cause to delay issuing a scheduling order. On or before January 26, 2024, the parties shall file a joint proposed order that establishes the motion deadlines stated in the parties' letter. Ordered by Judge Jennifer L. Hall on 1/24/2024. (ceg)
January 23, 2024 Filing 24 Letter to The Honorable Jennifer L. Hall from James H. McMackin, III, Esq. regarding Case Schedule. (McMackin, James)
January 23, 2024 Filing 23 Joint STIPULATION TO EXTEND TIME for Defendant Alpha Metallurgical Resources, Inc. to answer Plaintiff's Amended Complaint from Thursday, January 25, 2024 to February 1, 2024 - filed by Alpha Metallurgical Resources, Inc.. (McMackin, James)
January 23, 2024 Opinion or Order SO ORDERED, re #23 Joint Stipulation and Order to Extend Time for Defendant Alpha Metallurgical Resources, Inc. to answer Plaintiff's Amended Complaint. (*Reset Answer Deadlines: Alpha Metallurgical Resources, Inc. answer due 2/1/2024). Ordered by Judge Jennifer L. Hall on 1/23/2024. (ceg)
January 11, 2024 Filing 22 First AMENDED COMPLAINT against Marfork Coal Company, LLC, Spartan Mining, LLC, and against Alpha Metallurgical Resources, Inc.- filed by Ricky Ellis. (Herr, Daniel) Modified on 1/11/2024 (ceg).
January 11, 2024 CORRECTING ENTRY: The summons forms attached to the First Amended Answer at D.I. #22 have been removed from that filing. Unexecuted summons are not to be filed but presented to the Clerk's Office for issuance. (ceg)
January 9, 2024 Case Reassigned to Judge Jennifer L. Hall. Please include the initials of the Judge (JLH) after the case number on all documents filed. (nms)
January 3, 2024 Filing 21 NOTICE of Withdrawal of Consent to Join Form Pursuant TO 29 U.S.C. 216(b) by John Cyrus, by Ricky Ellis. (Herr, Daniel) Modified on 1/3/2024 (nms).
January 3, 2024 Filing 20 NOTICE of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by Jonathan Baer, by Ricky Ellis. (Attachments: #1 Exhibit A)(Herr, Daniel) Modified on 1/3/2024 (nms).
January 2, 2024 Pro Hac Vice Attorney Kevin J. White for Alpha Metallurgical Resources, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (twk)
January 2, 2024 Pro Hac Vice Attorney Tyler S. Laughinghouse for Alpha Metallurgical Resources, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
December 29, 2023 Pro Hac Vice Attorney Ryan A. Glasgow for Alpha Metallurgical Resources, Inc. added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
December 21, 2023 Filing 19 Disclosure Statement pursuant to Rule 7.1: No Parents or Affiliates Listed filed by Alpha Metallurgical Resources, Inc.. (Attachments: #1 Certificate of Service)(McMackin, James)
December 21, 2023 Filing 18 ANSWER to #1 Complaint by Alpha Metallurgical Resources, Inc.. (Attachments: #1 Certificate of Service)(McMackin, James)
December 21, 2023 Filing 17 MOTION for Pro Hac Vice Appearance of Attorney Tyler S. Laughinghouse - filed by Alpha Metallurgical Resources, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification of Tyler S. Laughinghouse, Esq.)(McMackin, James)
December 21, 2023 Filing 16 MOTION for Pro Hac Vice Appearance of Attorney Ryan A. Glasgow - filed by Alpha Metallurgical Resources, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification of Ryan A. Glasgow, Esq.)(McMackin, James)
December 21, 2023 Filing 15 MOTION for Pro Hac Vice Appearance of Attorney Kevin J. White - filed by Alpha Metallurgical Resources, Inc.. (Attachments: #1 Text of Proposed Order, #2 Certification of Kevin J. White, Esq.)(McMackin, James)
December 21, 2023 Filing 14 NOTICE of Appearance by Allyson M. Britton on behalf of Alpha Metallurgical Resources, Inc. (Attachments: #1 Certificate of Service)(Britton, Allyson)
December 21, 2023 Filing 13 NOTICE of Appearance by James H. McMackin, III on behalf of Alpha Metallurgical Resources, Inc. (Attachments: #1 Certificate of Service)(McMackin, James)
December 21, 2023 Opinion or Order SO ORDERED, re #15 MOTION for Pro Hac Vice Appearance of Attorney Kevin J. White, filed by Alpha Metallurgical Resources, Inc., #16 MOTION for Pro Hac Vice Appearance of Attorney Ryan A. Glasgow, filed by Alpha Metallurgical Resources, Inc., and #17 MOTION for Pro Hac Vice Appearance of Attorney Tyler S. Laughinghouse, filed by Alpha Metallurgical Resources, Inc.. Signed by Judge Richard G. Andrews on 12/21/2023. (nms)
December 7, 2023 Filing 12 NOTICE of Filing Consent to Join Form Pursuant to 29 U.S.C. 216(b) by Randall Herald, filed by Ricky Ellis. (Attachments: #1 Exhibit A)(Herr, Daniel) Modified on 12/7/2023 (nms).
December 7, 2023 Filing 11 SUMMONS Returned Executed by Ricky Ellis.Alpha Metallurgical Resources, Inc. served on 11/30/2023, answer due 12/21/2023. (Herr, Daniel)
December 7, 2023 Filing 10 NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. 216(b) by William Treadway, III and Samuel Farley, by Ricky Ellis (Attachments: #1 Exhibit A)(Herr, Daniel) Modified on 12/7/2023 (nms).
December 5, 2023 CORRECTING ENTRY: The pdf for Exhibit A at D.I. #9 has been replaced with a correct version per counsel's request. The NEF for the filing has been regenerated. (nms)
December 4, 2023 Filing 9 NOTICE of Filing Consent by Anthony W. Hughes, II to Join Form Pursuant to 29 U.S.C. 216(b), by Ricky Ellis. (Attachments: #1 Exhibit A)(Herr, Daniel) Modified on 12/5/2023 (nms). (Attachment 1 replaced on 12/5/2023) (nms).
December 4, 2023 Filing 8 NOTICE of Filing Consent by John Cyrus to Join Form Pursuant to 29 U.S.C. 216(b), by Ricky Ellis. (Attachments: #1 Exhibit A)(Herr, Daniel) Modified on 12/5/2023 (nms).
December 1, 2023 Opinion or Order SO ORDERED, re #7 MOTION for Pro Hac Vice Appearance of Attorney Shannon M. Draher, filed by Ricky Ellis, and #6 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey J. Moyle, filed by Ricky Ellis. Signed by Judge Richard G. Andrews on 12/1/2023. (nms)
December 1, 2023 Pro Hac Vice Attorney Shannon M. Draher and Jeffrey J. Moyle for Ricky Ellis added for electronic noticing. Pursuant to Local Rule 83.5 (d)., Delaware counsel shall be the registered users of CM/ECF and shall be required to file all papers. (mpb)
November 30, 2023 Filing 7 MOTION for Pro Hac Vice Appearance of Attorney Shannon M. Draher - filed by Ricky Ellis. (Herr, Daniel)
November 30, 2023 Filing 6 MOTION for Pro Hac Vice Appearance of Attorney Jeffrey J. Moyle - filed by Ricky Ellis. (Herr, Daniel)
November 30, 2023 Filing 5 NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. s. 216(b) by Jeremy Campbell, filed by Ricky Ellis. (Attachments: #1 Exhibit A)(Herr, Daniel) Modified on 12/1/2023 (nms).
November 30, 2023 Filing 4 NOTICE of Filing Consent to Join Forms Pursuant to 29 U.S.C. s. 216(b) by William Treadway, III and Samuel Farley, filed by Ricky Ellis. (Attachments: #1 Exhibit A)(Herr, Daniel) Modified on 12/1/2023 (nms).
November 29, 2023 Case Assigned to Judge Richard G. Andrews. Please include the initials of the Judge (RGA) after the case number on all documents filed. (rjb)
November 28, 2023 Filing 3 Summonses Issued (please complete the top portion of the form and print out for use/service). (vfm)
November 28, 2023 Filing 2 Notice, Consent and Referral forms re: U.S. Magistrate Judge jurisdiction. (vfm)
November 28, 2023 Filing 1 COMPLAINT filed with Jury Demand against Alpha Metallurgical Resources, Inc. ( Filing fee $ 402, receipt number ADEDC-4281361.) - filed by Ricky Ellis. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet) (vfm)

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Plaintiff: Ricky Ellis
Represented By: Daniel Charles Herr
Represented By: Jeffrey J. Moyle
Represented By: Shannon M. Draher
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Defendant: Alpha Metallurgical Resources, Inc.
Represented By: Allyson M. Britton
Represented By: James H. McMackin, III
Represented By: Kevin J. White
Represented By: Ryan A. Glasgow
Represented By: Tyler S. Laughinghouse
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Defendant: Marfork Coal Company, LLC
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Defendant: Spartan Mining, LLC
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