INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA et al v. CONSOL ENERGY INC et al
Plaintiff: EUGENE SCHRADER, ARNOLD MARRS, CLINTON FIELDS, JAMES ASBURY, ROGER BEAVERS, GEORGE DUNFORD, INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA and LARRY BREWSTER
Defendant: CONSOL ENERGY INC., LAUREL RUN MINING COMPANY, CONSOL AMONATE FACILITY, LLC, HELVETIA COAL COMPANY and ISLAND CREEK COAL COMPANY
Case Number: 1:2020cv01475
Filed: June 5, 2020
Court: US District Court for the District of Columbia
Office: Washington, DC Office
Presiding Judge: Carl J Nichols
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. § 185
Jury Demanded By: None
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Docket Report

This docket was last retrieved on July 8, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 31, 2020 Opinion or Order Filing 129 SCHEDULING ORDER. Signed by Judge Carl J. Nichols on July 30, 2020. (lccjn2)
July 30, 2020 Opinion or Order Cases Consolidated. Case 20-1476 have been consolidated with 20-1475 pursuant to Minute Orders entered 07/30/2020. ALL PLEADINGS MUST BE FILED IN LEAD CASE NO. 20-1475. THE PARTIES ARE ADVISED NOT TO ELECT TO SPREAD TEXT WHEN FILING IN ECF. (eg).
July 30, 2020 Opinion or Order MINUTE ORDER. In light of the Court's #119 Memorandum Opinion and Order, which consolidated this case with Civil Action No. 1:20-cv-1476 prior to transfer to this District, it is hereby ORDERED that all pleadings, motions, or other papers relating to the consolidated cases shall be filed on the docket for Civil Action Number 1:20-cv-1475 and that the Parties shall not elect to spread text when filing documents. The Clerk of the Court is DIRECTED to close the docket for Civil Action Number 1:20-cv-1476. Signed by Judge Carl J. Nichols on July 30, 2020. (lccjn2)
July 29, 2020 Opinion or Order NOTICE OF CORRECTED DOCKET ENTRY: re #126 Notice of Appearance was entered in error and counsel was instructed to refile said pleading with correct attorney entering appearance. Attorney signature must match login/password. (eg)
July 28, 2020 Opinion or Order Filing 128 MEET AND CONFER STATEMENT. (Attachments: #1 Text of Proposed Order - Proposed Scheduling Order)(Mott, W.)
July 28, 2020 Opinion or Order MINUTE ORDER. The Court having considered Plaintiffs' #127 Motion for Admission Pro Hac Vice of Kevin F. Fagan, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under Local Civil Rule 83.2(d), it is hereby ORDERED that the Motion is GRANTED. It is further ORDERED that Kevin F. Fagan is ADMITTED to practice before the Court pro hac vice. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). #Click for instructions. Signed by Judge Carl J. Nichols on July 28, 2020. (lccjn2)
July 27, 2020 Opinion or Order Filing 127 MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Kevin F. Fagan, Filing fee $ 100, receipt number ADCDC-7389651. Fee Status: Fee Paid. by INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA (Stern, Deborah)
July 27, 2020 Opinion or Order Filing 126 ENTERED IN ERROR.....NOTICE of Appearance by Deborah Stern on behalf of INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA (Stern, Deborah) Modified on 7/29/2020 (eg).
July 24, 2020 Opinion or Order Filing 125 NOTICE of Appearance by Deborah Stern on behalf of All Plaintiffs (Stern, Deborah) (Main Document 125 replaced on 7/27/2020) (zeg).
July 8, 2020 Opinion or Order MINUTE ORDER. Before the Court in these consolidated cases are two sets of Complaints and Answers. Accordingly, the Parties shall meet and confer to discuss each of the matters set forth in Local Civil Rule 16.3(c). The Parties shall submit a consolidated Joint Meet and Confer Report addressing all topics listed in Local Civil Rule 16.3(c) on or before July 29, 2020. After submission of the Joint Meet and Confer Report, the Court will, if necessary, schedule an Initial Scheduling Conference. Following submission of the Joint Meet and Confer Report or following the Initial Scheduling Conference, the Court will issue a Scheduling Order governing proceedings in the case. Signed by Judge Carl J. Nichols on July 8, 2020. (lccjn2)
July 8, 2020 Opinion or Order Set/Reset Deadlines: Meet & Confer Statement due by 7/29/2020. (zcal)
June 26, 2020 Opinion or Order Filing 124 NOTICE of Appearance by W. Gregory Mott on behalf of CONSOL ENERGY INC. (Mott, W.)
June 18, 2020 Opinion or Order Filing 123 ANSWER to #78 Amended Complaint, by CONSOL ENERGY INC..(Woodrum, John)
June 18, 2020 Opinion or Order Filing 122 NOTICE of Appearance by John R. Woodrum on behalf of CONSOL ENERGY INC. (Woodrum, John)
June 9, 2020 Opinion or Order Filing 121 STANDING ORDER. Signed by Judge Carl J. Nichols on June 9, 2020. (lccjn2)
June 5, 2020 Opinion or Order Filing 120 Case transferred in from District of West Virginia Southern; Case Number 1:16-cv-12506. Original file certified copy of transfer order and docket sheet received.
June 4, 2020 Opinion or Order Filing 119 MEMORANDUM OPINION AND ORDER: For the reasons stated herein, CONSOL's #79 motion to dismiss is GRANTED IN PART and DENIED IN PART, the Subsidiaries' #98 first motion to dismiss is GRANTED IN PART and DENIED IN PART, the Subsidiaries' #111 second motion to dismiss Count II is GRANTED, plaintiffs' #97 motion to consolidate is GRANTED, and the Subsidiaries' #111 motion to transfer Count I is GRANTED. The court transfers the remaining claim pending in this case and all claims in the now-consolidated parallel Second WDPa Suit, Helvetia Coal Co. v. UMWA, No. 1:18-cv-01095 (S.D.W. Va. filed Oct. 31, 2017) to the District Court for the District of Columbia. Signed by Senior Judge David A. Faber on 6/4/2020. (cc: counsel of record) (mk) [Transferred from West Virginia Southern on 6/5/2020.]
June 4, 2020 Opinion or Order THIS CASE HAS BEEN CONSOLIDATED WITH CIVIL ACTION NO: 1:18-cv-01095 AS OF JUNE 4, 2020. ALL FURTHER ENTRIES SHALL BE DOCKETED HEREIN. (mk) [Transferred from West Virginia Southern on 6/5/2020.]
April 20, 2020 Opinion or Order Filing 118 REPLY by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company(and) to #115 Memorandum In Opposition. (Attachment: #1 Exhibit 1)(Fox, Jan) [Transferred from West Virginia Southern on 6/5/2020.]
April 13, 2020 Opinion or Order Filing 117 MEMORANDUM OPINION AND ORDER granting defendants' #116 motion to extend time to file their reply to plaintiffs' #115 response to defendants' #111 motion to dismiss Count II and transfer Count 1. The deadline for defendants to file their reply to plaintiffs' #115 response is EXTENDED to 4/20/2020. Signed by Senior Judge David A. Faber on 4/13/2020. (cc: counsel of record and any unrepresented parties) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
April 8, 2020 Opinion or Order Filing 116 UNOPPOSED MOTION by CONSOL Amonate Facility, LLC, Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Extend Time to File Reply as to #115 Memorandum In Opposition to April 20, 2020 (Attachment: #1 Proposed Order)(Fox, Jan) [Transferred from West Virginia Southern on 6/5/2020.]
April 3, 2020 Opinion or Order Filing 115 OPPOSITION by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader to #111 MOTION by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #78 Amended Complaint and to Transfer Count 1 (Fagan, Kevin) [Transferred from West Virginia Southern on 6/5/2020.]
March 9, 2020 Opinion or Order Filing 114 MEMORANDUM OPINION AND ORDER granting Plaintiffs' #113 MOTION for Extension of Time to File Response to #111 MOTION by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #78 Amended Complaint. The deadline for plaintiffs to file their response to defendants' motion is EXTENDED to 4/3/2020. Signed by Judge David A. Faber on 3/9/2020. (cc: counsel of record; any unrepresented party) (mk) [Transferred from West Virginia Southern on 6/5/2020.]
March 6, 2020 Opinion or Order Filing 113 UNOPPOSED MOTION by James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for Enlargement of Time in Which to Respond to #111 MOTION by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #78 Second Amended Complaint. (Donnelly, Charles) [Transferred from West Virginia Southern on 6/5/2020.]
February 28, 2020 Opinion or Order Filing 112 MEMORANDUM OF LAW by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company in support of #111 MOTION by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #78 Amended Complaint . (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
February 28, 2020 Opinion or Order Filing 111 MOTION by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #78 Amended Complaint and to Transfer Count 1. (Attachments: #1 Declaration of W. Gregory Mott, #2 Proposed Order)(Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
February 12, 2019 Opinion or Order Filing 110 NOTICE OF CHANGE OF ATTORNEY INFORMATION by Kevin F. Fagan changing within firm representation for International Union, United Mine Workers of America, James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, Arnold Marrs, and Eugene Shrader. (Fagan, Kevin) (Modified on 2/12/2019 to convert event to notice of change of attorney information, to add party filers, and replace unsigned image) (ts). [Transferred from West Virginia Southern on 6/5/2020.]
February 12, 2019 Opinion or Order NOTICE OF DOCKET CORRECTION re: #110 Notice of Change of Attorney Information by Kevin F. Fagan changing within firm representation for International Union, United Mine Workers of America, James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, Arnold Marrs, and Eugene Shrader. ERROR: Image did not contain signature of counsel. CORRECTION: Image replaced with signed image. (ts) [Transferred from West Virginia Southern on 6/5/2020.]
October 10, 2018 Opinion or Order Filing 109 REPLY by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company(and) to #106 Response In Opposition. (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
October 3, 2018 Opinion or Order Filing 108 ORDER: For reasons appearing to the court, the #104 Amended Order and Notice entered on 8/8/2018 is hereby vacated and the Scheduling Conference scheduled for 10/31/2018 is cancelled. The court will enter a new Order and Notice once the court rules on plaintiffs' Motion to Consolidate Cases, and defendants' Motion to Dismiss. Signed by Senior Judge David A. Faber on 10/3/2018. (cc: counsel of record) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
October 3, 2018 Opinion or Order Filing 107 ORDER: For reasons appearing to the court, the Scheduling Conference shall be held on 10/31/2018 at 03:30 PM in Bluefield. Signed by Senior Judge David A. Faber on 10/3/2018. (cc: counsel of record) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
September 28, 2018 Opinion or Order Filing 106 RESPONSE by James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader in opposition to #105 Notice Supplemental Authority (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
September 20, 2018 Opinion or Order Filing 105 NOTICE OF SUPPLEMENTAL AUTHORITY by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company(and) re: #98 MOTION by CONSOL Amonate Facility, LLC, Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #78 Second Amended Complaint (Attachment: #1 Supplement 2018 WL 4323928)(Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
August 8, 2018 Opinion or Order Filing 104 *VACATED* PURSUANT TO THE #108 ORDER ENTERED 10/3/2018: AMENDED ORDER AND NOTICE: For reasons appearing to the court, the Order and Notice entered in this case on 6/29/2018, is amended as follows: Last day for Rule 26(f) Meeting is 10/16/2018. Last day to file report of Rule 26(f) Meeting is 10/23/2018. Scheduling Conference at 11:00 AM on 10/30/2018 in Bluefield before the undersigned. Entry of Scheduling Order by 11/6/2018. Last Day to make Rule 26(a)(1) disclosures is 11/13/2018. Signed by Senior Judge David A. Faber on 8/8/2018. (cc: counsel of record and any unrepresented parties) (arb) (Modified on 10/4/2018 to note order has been vacated) (mk). [Transferred from West Virginia Southern on 6/5/2020.]
August 6, 2018 Opinion or Order Filing 103 RULE 26(f) REPORT OF PLANNING MEETING by James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader, Laurel Run Mining Company, Island Creek Coal Company, Helvetia Coal Company, Consol Energy, Inc., CONSOL Amonate Facility, LLC. (Traynor, Arthur) (Modified on 8/7/2018 to add party filers) (ts). [Transferred from West Virginia Southern on 6/5/2020.]
August 1, 2018 Opinion or Order Filing 102 REPLY by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company(and) to #101 Response In Opposition, (Woodrum, John) (Modified on 8/2/2018 to convert event to reply to response) (ts). [Transferred from West Virginia Southern on 6/5/2020.]
July 25, 2018 Opinion or Order Filing 101 RESPONSE by James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader in opposition to #98 MOTION by CONSOL Amonate Facility, LLC, Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #78 Second Amended Complaint (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
July 24, 2018 Opinion or Order Filing 100 MEMORANDUM by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company(and) in Opposition to or, in the Alternative, to Stay #97 MOTION by James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader to Consolidate Cases (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
July 13, 2018 Opinion or Order Filing 99 MEMORANDUM OF LAW by CONSOL Amonate Facility, LLC, Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company in support of #98 MOTION by CONSOL Amonate Facility, LLC, Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #78 Second Amended Complaint (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
July 13, 2018 Opinion or Order Filing 98 MOTION by CONSOL Amonate Facility, LLC, Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #78 Second Amended Complaint. (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
July 10, 2018 Opinion or Order Filing 97 MOTION by James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader to Consolidate Cases (Attachment: #1 Exhibit 1 - Reported Decision of WDPa Transferring Related Case)(Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
June 29, 2018 Opinion or Order Filing 96 ORDER AND NOTICE: Pursuant to Federal Rule of Civil Procedure 16(b)(2), the court finds that the delay accompanying the court's resolution of the motion for a preliminary injunction as well as the appeal resulting from that ruling constitute good cause for entry of a scheduling order outside the time limits established by Rule 16. Rule 26(f) Meeting 7/30/2018. Last day to file report of Rule 26(f) Meeting 8/6/2018. Scheduling Conference at 10:30 AM on 8/13/2018 in Bluefield. Entry of Scheduling Order 8/20/2018. Last Day to make Rule 26(a)(1) disclosures 8/28/2018. Signed by Senior Judge David A. Faber on 6/29/2018. (cc:attys; any unrepresented party) (mk) [Transferred from West Virginia Southern on 6/5/2020.]
June 27, 2018 Opinion or Order Filing 95 SUMMONS RETURNED EXECUTED by Personal Service for Laurel Run Mining Company(and). Laurel Run Mining Company(and) served on 6/22/2018, answer due 7/13/2018. Summons served on Anthony Drezewski. (Donnelly, Charles) [Transferred from West Virginia Southern on 6/5/2020.]
June 27, 2018 Opinion or Order Filing 94 SUMMONS RETURNED EXECUTED by Personal Service for Island Creek Coal Company. Island Creek Coal Company served on 6/22/2018, answer due 7/13/2018. Summons served on Anthony Drezewski. (Donnelly, Charles) [Transferred from West Virginia Southern on 6/5/2020.]
June 27, 2018 Opinion or Order Filing 93 SUMMONS RETURNED EXECUTED by Personal Service for Helvetia Coal Company. Helvetia Coal Company served on 6/22/2018, answer due 7/13/2018. Summons served on Anthony Drezewski. (Donnelly, Charles) [Transferred from West Virginia Southern on 6/5/2020.]
June 27, 2018 Opinion or Order Filing 92 SUMMONS RETURNED EXECUTED by Personal Service for CONSOL Amonate Facility, LLC. CONSOL Amonate Facility, LLC served on 6/22/2018, answer due 7/13/2018. Summons served on Anthony Drezewski. (Donnelly, Charles) [Transferred from West Virginia Southern on 6/5/2020.]
June 26, 2018 Opinion or Order Filing 91 NOTICE OF CORRECTION TO #90 Reply by Consol Energy, Inc. to #86 Response In Opposition by Consol Energy, Inc. (Attachment: #1 Certificate of Service)(Woodrum, John) (Modified on 6/27/2018 to add link to #90 reply to response) (ts). [Transferred from West Virginia Southern on 6/5/2020.]
June 25, 2018 Opinion or Order Filing 90 REPLY by Consol Energy, Inc. to #86 Response In Opposition. (Attachment: #1 Exhibit 1)(Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
June 25, 2018 Opinion or Order Filing 89 CORRECTED DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant Consol Energy, Inc. (Attachment: #1 Attachment 1)(Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
June 24, 2018 Opinion or Order Filing 88 AMENDED DISCLOSURE STATEMENT PURSUANT TO RULE 7.1, Federal Rules of Civil Procedure, by Defendant by Consol Energy, Inc. (Attachment: #1 Attachment 1)(Woodrum, John) (Modified on 6/25/2018 to convert event to disclosure statement pursuant to Rule 7.1, FRCivP) (ts). [Transferred from West Virginia Southern on 6/5/2020.]
June 22, 2018 Opinion or Order Filing 87 TRANSCRIPT OF PROCEEDINGS of Motions Hearing held on May 10, 2018, before Judge David A. Faber. Court Reporter Lisa Cook, Telephone number 304-254-8053. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 7/2/2018. Redaction Request due 7/13/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/20/2018. (lac) [Transferred from West Virginia Southern on 6/5/2020.]
June 18, 2018 Opinion or Order Filing 86 RESPONSE by James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader in opposition to #79 MOTION by Consol Energy, Inc. to Dismiss re: #78 Amended Complaint (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
June 18, 2018 Opinion or Order Filing 85 ELECTRONIC SUMMONS ISSUED as to Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company, and CONSOL Amonate Facility, LLC, re: #78 Second Amended Complaint. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Island Creek Coal Company Summons, #2 Laurel Run Mining Company Summons, #3 CONSOL Amonate Facility, LLC Summons) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
June 14, 2018 Opinion or Order Filing 84 SUMMONS SUBMITTED by International Union, United Mine Workers of America for Island Creek Coal Company, (Donnelly, Charles) [Transferred from West Virginia Southern on 6/5/2020.]
June 14, 2018 Opinion or Order Filing 83 SUMMONS SUBMITTED by International Union, United Mine Workers of America for Helvetia Coal Company, (Donnelly, Charles) [Transferred from West Virginia Southern on 6/5/2020.]
June 14, 2018 Opinion or Order Filing 82 SUMMONS SUBMITTED by International Union, United Mine Workers of America for Laurel Run Mining Company(and), (Donnelly, Charles) [Transferred from West Virginia Southern on 6/5/2020.]
June 14, 2018 Opinion or Order Filing 81 SUMMONS SUBMITTED by International Union, United Mine Workers of America for CONSOL Amonate Facility, LLC, (Donnelly, Charles) [Transferred from West Virginia Southern on 6/5/2020.]
June 6, 2018 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. The WVSD CM/ECF system will be unavailable from 12:00pm (noon) on Friday, June 8, 2018 until 6:00am on Monday, June 11, 2018. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVSD e-filing account in the new NextGen CM/ECF system on or after June 11, 2018. Instructions for linking your account can be found at #http://www.wvsd. uscourts.gov/pdfs/NextGen/WVSD_Link_PACER_to_CM-ECF.pdf. If you have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI) [Transferred from West Virginia Southern on 6/5/2020.]
June 4, 2018 Opinion or Order Filing 80 MEMORANDUM OF LAW by Consol Energy, Inc. in support of #79 MOTION by Consol Energy, Inc. to Dismiss re: #78 Amended Complaint (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
June 4, 2018 Opinion or Order Filing 79 MOTION by Consol Energy, Inc. to Dismiss re: #78 Amended Complaint (Attachments: #1 Exhibit 1, #2 Proposed Order)(Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
May 23, 2018 Opinion or Order Filing 78 SECOND AMENDED COMPLAINT by International Union, United Mine Workers of America, James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, Arnold Marrs, Eugene Schrader against Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company, CONSOL Amonate Facility, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B) (taq) [Transferred from West Virginia Southern on 6/5/2020.]
May 21, 2018 Opinion or Order Filing 77 MEMORANDUM OPINION AND ORDER: Pursuant to Rule 41 of the Federal Rules of Civil Procedure, the court hereby DISMISSES Dunford from the case; Plaintiffs' Motion to Strike Count 2 is GRANTED; Plaintiffs' #67 Motion for Leave to File Second Amended Complaint is GRANTED; Plaintiffs are directed to file a complaint consistent with this Memorandum Opinion and Order and the Clerk is DIRECTED to file that complaint as Plaintiffs' "Second Amended Complaint." Signed by Senior Judge David A. Faber on 5/21/2018. (cc: counsel of record) (mk) [Transferred from West Virginia Southern on 6/5/2020.]
May 17, 2018 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. Complete information regarding the WVSD NextGen CM/ECF implementation can be found at #h ttp://www.wvsd.uscourts.gov/nextgen-information. Preparing for NextGen CM/ECF is a two-step process. Step one was to upgrade your PACER account. Each attorney should have their own individual upgraded PACER account at this time. Step two will be to link your upgraded PACER account to your WVSD e-filing account in the new NextGen CM/ECF system on or after June 11, 2018. Please log in to the WVSD CM/ECF system at #http://ecf.wv sd.uscourts.gov before June 7, 2018 to make sure you know your current WVSD e-filing login and password. Do not rely on your username and password being saved in your web browser, because that method will not work with the NextGen upgrade. If you do not know your login or password or have any additional questions please call the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI) [Transferred from West Virginia Southern on 6/5/2020.]
May 10, 2018 Opinion or Order Filing 76 MOTION HEARING held by Judge David A. Faber on 5/10/2018 re: #67 MOTION by James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for Leave to File Second Amended Complaint Court Reporter: Lisa Cook. (cel) [Transferred from West Virginia Southern on 6/5/2020.]
April 27, 2018 Opinion or Order Filing 75 ORDER re: plaintiffs' #67 MOTION for Leave to File Second Amended Complaint: A hearing on this motion is SCHEDULED for 5/10/2018 at 9:30 AM in Bluefield. Signed by Senior Judge David A. Faber on 4/27/2018. (cc: counsel of record) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
April 15, 2018 Opinion or Order IMPORTANT NOTICE: The United States District Court for the Southern District of West Virginia (WVSD) will be upgrading its current CM/ECF system to the Next Generation of CM/ECF (NextGen CM/ECF) on Monday, June 11, 2018. Complete information regarding the WVSD NextGen CM/ECF implementation can be found at #h ttp://www.wvsd.uscourts.gov/nextgen-information. Currently, many attorneys within a firm may share a single PACER account. This will no longer be allowed with the new WVSD NextGen CM/ECF system because each attorney must have an individual upgraded PACER account that will be linked to their e-filing account. Shared PACER accounts cannot be used by WVSD e-filing attorneys once the WVSD NextGen CM/ECF system is implemented. Preparing for NextGen CM/ECF is a two-step process. Step one is to upgrade your PACER account, and step two is to link your upgraded PACER account to the WVSD e-filing account in the upgraded NextGen CM/ECF system. This notice only addresses the first step because the second step can't be completed until on or after June 11, 2018. The first step is to check and see if your PACER account is an "Upgraded" PACER account. Many PACER accounts have already been upgraded. If any of the following is true, you have an upgraded PACER account and no action is required until after the WVSD NextGen CM/ECF upgrade on June 11, 2018: 1) You have an upgraded PACER account for another NextGen court; or, 2) Your PACER account was created after August 10, 2014. If none of these are true, you must upgrade your legacy PACER account before you will be able to link your PACER account to your current WVSD CM/ECF account for your new NextGen CM/ECF account. Additional notices will be sent at a later date on how to handle the second step in this process. If you still have questions please contact the PACER Service Center at 800-676-6856 or the WVSD Clerk's Office CM/ECF Help Desk at (304)-347-3111. (mwk) (ADI) [Transferred from West Virginia Southern on 6/5/2020.]
March 30, 2018 Opinion or Order Filing 74 ORDER denying as moot Plaintiffs' #44 MOTION for Leave to File a Second Amended Complaint. Signed by Senior Judge David A. Faber on 3/30/2018. (cc: attys) (mk) [Transferred from West Virginia Southern on 6/5/2020.]
December 19, 2017 Opinion or Order Filing 73 MANDATE re: #55 Notice of Interlocutory Appeal to 4CCA in 4CCA Case No. 17-1378. The judgment of this Court, entered 11/27/2017, takes effect this date. This constitutes the formal mandate of this Court issued pursuant to Rule 41(a) of the Federal Rules of Appellate Procedure. (arb) [Transferred from West Virginia Southern on 6/5/2020.]
November 27, 2017 Opinion or Order Filing 72 NOTICE OF JUDGMENT as to #55 Notice of Interlocutory Appeal to 4CCA filed by Consol Energy, Inc. in 4CCA Case Number 17-1378. (arb) [Transferred from West Virginia Southern on 6/5/2020.]
November 27, 2017 Opinion or Order Filing 71 4CCA JUDGMENT re: #55 Notice of Interlocutory Appeal to 4CCA in 4CCA Case No. 17-1378. In accordance with the decision of this court, this appeal is dismissed. (arb) [Transferred from West Virginia Southern on 6/5/2020.]
November 27, 2017 Opinion or Order Filing 70 ORDER OF 4CCA as to #55 Notice of Interlocutory Appeal to 4CCA in 4CCA Case No. 17-1378 dismissing this case as moot. (arb) [Transferred from West Virginia Southern on 6/5/2020.]
November 21, 2017 Opinion or Order Filing 69 REPLY by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader to #68 Memorandum In Opposition. (Attachments: #1 Unpublished Opinion of WDPa transferring Case to SDWVa)(Trayno, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
November 14, 2017 Opinion or Order Filing 68 MEMORANDUM OF LAW by Consol Energy, Inc. in opposition to #67 MOTION by James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for Leave to File Second Amended Complaint (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
October 31, 2017 Opinion or Order Filing 67 MOTION by James Asbury, Roger Beavers, Larry Brewster, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for Leave to File Second Amended Complaint with proposed document attached (Attachments: #1 Exhibit 10.31.17 Arbitration Decision, #2 Proposed Order Granting Leave to Amend and Amending, #3 Proposed Second Amended Complaint)(Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
September 11, 2017 Opinion or Order Filing 66 MEMORANDUM OPINION AND ORDER DENYING as moot Consol Energy Inc.'s #13 MOTION to Dismiss the original complaint for reasons set forth herein. Signed by Senior Judge David A. Faber on 9/11/2017. (cc: attys) (mk) [Transferred from West Virginia Southern on 6/5/2020.]
May 9, 2017 Opinion or Order Filing 65 ORDER: For reasons appearing to the court, the Scheduling Conference is canceled pending further order of this court. Signed by Senior Judge David A. Faber on 5/9/2017. (cc: all counsel of record and any unrepresented party) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
May 3, 2017 Opinion or Order Filing 64 ORDER: For reasons appearing to the court, the Scheduling Conference in this matter shall be held at 11:00 a.m. on 5/15/2017, in Charleston. Signed by Senior Judge David A. Faber on 5/3/2017. (cc: counsel of record; any unrepresented party) (mk) [Transferred from West Virginia Southern on 6/5/2020.]
April 27, 2017 Opinion or Order Filing 63 ORDER: This matter is before the Court on the Parties' Joint Motion to Vacate Rule 26 Compliance and Submission of the Scheduling Order Worksheet Upon consideration of the Parties' Motion to Vacate, IT IS HEREBY ORDERED that said Motion is GRANTED, and the directives contained in the Court's Order and Notice setting due dates for Rule 26 Compliance and submission of the Scheduling Order Worksheet (Doc. No. 54) are hereby RESCINDED and VACATED, with the sole exception of that portion of the Court's Notice and Order setting a Scheduling conference on 5/8/2017 at 10:00 a.m., in Bluefield, West Virginia, which remains in effect. Signed by Senior Judge David A. Faber on 4/27/2017. (cc: attys; any unrepresented party) (mk) [Transferred from West Virginia Southern on 6/5/2020.]
April 20, 2017 Opinion or Order Filing 62 JOINT MOTION by Consol Energy, Inc., International Union, United Mine Workers of America, James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, Arnold Marrs, Eugene Schrader for an Order Vacating March 23, 2017 #54 Order and Notice Regarding Rule 26 Compliance and for Submission of a Scheduling Order Worksheet. (Attachment: #1 Proposed Order)(Woodrum, John) (Modified on 4/21/2017 to add party filers) (dvb). [Transferred from West Virginia Southern on 6/5/2020.]
March 31, 2017 Opinion or Order Filing 61 ANSWER TO #16 Amended Complaint by Consol Energy, Inc. (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
March 31, 2017 Opinion or Order Filing 60 COPY OF RECEIPT from Charleston Clerk's Office acknowledging RECEIPT of the Original #59 INJUNCTION BOND (filed 3/28/2017). (mk) [Transferred from West Virginia Southern on 6/5/2020.]
March 28, 2017 Opinion or Order Filing 59 INJUNCTION BOND in the amount of $ 10,000.00 posted by International Union, United Mine Workers of America, submitted pursuant to #51 Order entered 3/17/2017, with attached cover letter. (Attachment: #1 Cover Letter) (mk) [Transferred from West Virginia Southern on 6/5/2020.]
March 27, 2017 Opinion or Order Filing 58 NOTICE OF APPELLATE CASE OPENING BY 4CCA re: #55 Notice of Interlocutory Appeal to 4CCA in 4CCA Case No. 17-1378. Case Manager: T. Fischer. (mk) [Transferred from West Virginia Southern on 6/5/2020.]
March 24, 2017 Opinion or Order Filing 57 TRANSMITTAL OF NOTICE OF APPEAL TO 4CCA via APPEAL TRANSMITTAL SHEET re: #55 Notice of Interlocutory Appeal to 4CCA. (mk) [Transferred from West Virginia Southern on 6/5/2020.]
March 23, 2017 Opinion or Order Filing 56 PRELIMINARY INJUNCTION BOND in the amount of $10,000.00 posted by International Union, United Mine Workers of America (Attachment: #1 Injunction Bond)(Donnelly, Charles) [Transferred from West Virginia Southern on 6/5/2020.]
March 23, 2017 Opinion or Order Filing 55 NOTICE OF INTERLOCUTORY APPEAL by Consol Energy, Inc. as to #51 Preliminary Injunction Order. Filing fee $ 505, Receipt #0425-5453435. (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
March 23, 2017 Opinion or Order Filing 54 ORDER AND NOTICE: Rule 26(f) Meeting 4/21/2017. Last day to file report of Rule 26(f) Meeting 4/28/2017. Scheduling Conference at 10:00 AM on 5/8/2017 in Bluefield. Entry of Scheduling Order 5/12/2017. Last Day to make Rule 26(a)(1) disclosures 5/22/2017 Signed by Judge David A. Faber on 3/23/2017. (cc: counsel of record; any unrepresented party) (mk) [Transferred from West Virginia Southern on 6/5/2020.]
March 17, 2017 Opinion or Order Filing 53 TRANSMITTED CERTIFIED COPY of #51 Preliminary Injunction Order to counsel of record. (arb) [Transferred from West Virginia Southern on 6/5/2020.]
March 17, 2017 Opinion or Order Filing 52 TRANSMITTED CERTIFIED COPY of #50 Memorandum Opinion and Order to counsel of record. (arb) [Transferred from West Virginia Southern on 6/5/2020.]
March 17, 2017 Opinion or Order Filing 51 PRELIMINARY INJUNCTION ORDER granting Plaintiffs' #8 MOTION for a Preliminary Injunction. Defendant CONSOL Energy, Inc. is enjoined and prohibited (1) from terminating, changing or replacing the 2011 National Bituminous Coal Wage Agreements ("NBCWA") Employer Plan ("Employer Plan"), which is presently providing health care coverage to retired miners, pending the results of the arbitration now underway and the further order of this court; and (2) from communicating further in any way with participants and beneficiaries of the Employer Plan informing them of termination, replacement or changes to the Employer Plan. The reasons that this injunction is issued are set out in detail in the court's Findings of Fact and Conclusions of Law filed today. This preliminary injunction is binding on Defendant CONSOL Energy, Inc., its officers, agents, servants, employees, attorneys, successors and assigns, and persons or entities acting in active concert or participation therewith. This preliminary injunction shall become effective upon posting by Plaintiffs of security in the amount of $10,000 to pay any costs and damages sustained by any party found to have been wrongfully enjoined or restrained. Signed by Senior Judge David A. Faber on 3/17/2017. (certified cc: counsel of record) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
March 17, 2017 Opinion or Order Filing 50 MEMORANDUM OPINION AND ORDER granting Plaintiffs' #8 MOTION for a Preliminary Injunction; granting in part Defendants' #40 MOTION to Dismiss to this effect: Defendants Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company and CONSOL Amonate Facility, LLC are dismissed; and denying Defendants' #40 MOTION to Transfer this case to the Western District of Pennsyvania. A Preliminary Injunction Order of even date with this Opinion will be entered. Signed by Senior Judge David A. Faber on 3/17/2017. (certified cc: counsel of record) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
March 16, 2017 Opinion or Order Filing 49 REPLY by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader to #48 Response In Opposition,. (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
March 15, 2017 Opinion or Order Filing 48 MEMORANDUM OF LAW by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company in opposition to #44 MOTION by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for Leave to File A Second Amended Complaint (Attachment: #1 Exhibit 1)(Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
March 8, 2017 Opinion or Order Filing 47 REPLY BRIEF by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to #43 Response In Opposition (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
March 6, 2017 Opinion or Order Filing 46 REBUTTAL BRIEF by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader to #45 Rebuttal Brief. (Attachment: #1 Redline Showing Correction to Rebuttal Brief at p5) (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
March 5, 2017 Opinion or Order Filing 45 REBUTTAL BRIEF by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader to #42 Post-Hearing Reply Brief (Attachments: #1 Internet Materials Int'l Brotherhood of Teamsters, Local Union No. 639 v. Airgas, Inc., Civ No. 17-cv-00577, ECF No. 19 at 9 (D. Md. March 3, 2017), #2 Internet Materials Parsons v. Power Mountain Coal Co., Civ No. 07-00719, 2009 WL 899457, *12 (S.D.W.Va March 31, 2009), #3 Internet Materials GMRI, Inc. v. Garrett, 2014 WL 1351126, Civ. No. 14-0866 (April 4, 2014 S.D.W.V.), #4 Internet Materials United Steel Workers v. Kelsey-Hayes Co., 4:11-CV-15497, 2016 WL 337467, at *2 (E.D. Mich. Jan. 28, 2016), #5 Internet Materials See also United Steel Workers v. Resolute Forest Products, Inc., 1:16-CV-00048, ECF No. 42 at 3 (E.D. Tn. March 1, 2017))(Traynor, Arthur) (Modified on 3/6/2017 to remove link to #8 motion) (kp). [Transferred from West Virginia Southern on 6/5/2020.]
March 1, 2017 Opinion or Order Filing 44 MOTION by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for Leave to File A Second Amended Complaint (Attachments: #1 Proposed Second Amended Complaint, #2 Proposed Order)(Traynor, Arthur) (Modified on 3/2/2017 to remove link to # 16 amended complaint and convert event to motion for leave to file) (ts). [Transferred from West Virginia Southern on 6/5/2020.]
March 1, 2017 Opinion or Order Filing 43 RESPONSE by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader in opposition to #40 MOTION by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #16 Amended Complaint, or, in the Alternative, to Transfer Pursuant to 28 U.S.C. 1406(a) (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
February 28, 2017 Opinion or Order Filing 42 POST-HEARING REPLY BRIEF by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to #39 Opening Brief (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
February 15, 2017 Opinion or Order Filing 41 MEMORANDUM by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company in support of #40 MOTION by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #16 Amended Complaint, or, in the Alternative, to Transfer Pursuant to 28 U.S.C. 1406(a) (Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
February 15, 2017 Opinion or Order Filing 40 MOTION by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company to Dismiss #16 Amended Complaint, or, in the Alternative, to Transfer Pursuant to 28 U.S.C. 1406(a) (Attachments: #1 Affidavit of Kurt R. Salvatori, #2 Proposed Order)(Woodrum, John). [Transferred from West Virginia Southern on 6/5/2020.]
February 14, 2017 Opinion or Order Filing 39 OPENING BRIEF by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader in support of #8 MOTION by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for Preliminary Injunction (Attachments: #1 Internet Materials Elderberry of Weber City, LLC v. Living Centers, #2 Internet Materials UAW v. White Farm Equip. Co., #3 Internet Materials Teamsters Loc. No. 120 v. Marathon Petroleum Co. LLC, #4 Internet Materials Parsons v. Power Mountain, #5 Internet Materials GMRI Inc. v. Garrett, #6 Internet Materials Fox v. Varity, #7 Internet Materials Zotto v. Scovill, Inc.)(Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
February 14, 2017 Opinion or Order Filing 38 TRANSCRIPT OF PROCEEDINGS of Motion Hearing held on 02/01/2017, before Judge David A. Faber. Court Reporter Ayme Cochran, Telephone number 304-347-3128. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due 2/24/2017. Redaction Request due 3/7/2017. Redacted Transcript Deadline set for 3/17/2017. Release of Transcript Restriction set for 5/15/2017. (aac) [Transferred from West Virginia Southern on 6/5/2020.]
February 2, 2017 Opinion or Order Filing 37 ORDER: Per hearing held on 2/1/2017 re: Plaintiffs' #8 MOTION for Preliminary Injunction, the court established the following briefing schedule: Plaintiffs' opening brief shall be due within fourteen (14) days from 2/1/2017. Defendants' reply brief shall be due fourteen (14) days from the date Defendants' counsel of record receives electronically Plaintiffs' opening brief. Plaintiffs' rebuttal brief shall be due seven (7) days from the date that Plaintiffs' counsel of record receives Defendants' electronically filed reply brief. Signed by Senior Judge David A. Faber on 2/2/2017. (cc: counsel of record) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
February 2, 2017 Opinion or Order Filing 36 EXHIBIT AND WITNESS LIST (with attached Exhibits) from hearing on MOTION FOR PRELIMINARY INJUNCTION held 2/1/2017 (Attachments: #1 Plaintiffs' Exh. 33, #2 Plaintiffs' Exh. 34, #3 Plaintiffs' Exh. 35, #4 Defendants' Exh. 1, #5 Defendants' Exh. 2, #6 Appendix, Attachment A, #7 Attachment B, #8 Attachment C, #9 Attachment D, #10 Attachment E, #11 Attachment F, #12 Attachment G, #13 Continuation Attachment G, #14 Continuation Attachment G, #15 Continuation Attachment G (end), #16 Attachment H, #17 Continuation Attachment H (end), #18 Defendants' Exh. 3) (arb) Modified on 2/2/2017 to remove and replace Attachment No. 9)(slr). [Transferred from West Virginia Southern on 6/5/2020.]
February 2, 2017 Opinion or Order NOTICE OF DOCKET CORRECTION re: #36 EXHIBIT AND WITNESS LIST. ERROR: Image of attachment 9 did not appear as intended; CORRECTION: Attachment was re-scanned and the incorrect image was replaced with a correct one. (slr) [Transferred from West Virginia Southern on 6/5/2020.]
February 1, 2017 Opinion or Order Filing 35 MOTION HEARING held by Judge David A. Faber on 2/1/2017 re: #8 MOTION by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for Preliminary Injunction; Court Reporter: Ayme Cochran. (cel) [Transferred from West Virginia Southern on 6/5/2020.]
January 31, 2017 Opinion or Order Filing 34 MEMORANDUM OF LAW by CONSOL Amonate Facility, LLC, Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company in opposition to #8 MOTION by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for Preliminary Injunction (Attachment: #1 Proposed Order)(Woodrum, John) [Transferred from West Virginia Southern on 6/5/2020.]
January 31, 2017 Opinion or Order NOTICE OF DOCKET CORRECTION re: #32 Statement of Visiting Attorney from John R. Woodrum on behalf of Consol Energy, Inc. Local counsel: Jan L. Fox. ERROR: Image did not contain signatures of counsel. CORRECTION: Image corrected and replaced. (skh) [Transferred from West Virginia Southern on 6/5/2020.]
January 30, 2017 Opinion or Order Filing 33 ORDER denying Defendant CONSOL ENERGY, Inc.'s #29 MOTION to Vacate January 20, 2017 Order Setting Hearing on Plaintiffs' Motion for Preliminary Injunction. The court deems it advisable to hold a hearing in view of the nature of the case and the fact that there is a related proceeding in another court. Signed by Senior Judge David A. Faber on 1/30/2017. (cc: counsel of record and any unrepresented party) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
January 30, 2017 Opinion or Order Filing 32 STATEMENT OF VISITING ATTORNEY from John R. Woodrum on behalf of Consol Energy, Inc.. Local counsel: Jan L. Fox. Fee $50.00. Receipt # 0425-5294685. (Fox, Jan) (Modified on 1/31/2017 to remove and replace unsigned image) (skh). [Transferred from West Virginia Southern on 6/5/2020.]
January 30, 2017 Opinion or Order Filing 31 CONSOLIDATED RESPONSE by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader in opposition to #29 MOTION by Consol Energy, Inc. to Vacate January 20, 2017 #12 Order Setting Hearing on Plaintiffs' Motion for Preliminary Injunction and #13 RULE 12(b)(1) MOTION by Consol Energy, Inc. to Dismiss #1 Complaint for Lack of Jurisdiction (Attachments: #1 Declaration of Charles F. Donnelly, #2 SDWV Unpublished Decision - GMRI, #3 News Report, re: CONSOL termination of unrepresented retired miners' insurance benefits, #4 Excerpt of CONSOL's 2015 10k report to the SEC, re: termination of unrepresented miners' benefits, #5 Exhibit A to Donnelly Declaration - USPS tracking report for service of Complaint)(Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
January 27, 2017 Opinion or Order Filing 30 PROPOSED ORDER Granting Defendant's Motion to Vacate Order Setting Hearing on Plaintiffs' Motion for Preliminary Injunction by Consol Energy, Inc. (Fox, Jan) (Modified on 1/27/2017 to remove party filers) (skh). [Transferred from West Virginia Southern on 6/5/2020.]
January 27, 2017 Opinion or Order Filing 29 MOTION by Consol Energy, Inc. to Vacate January 20, 2017 #12 Order Setting Hearing on Plaintiffs' Motion for Preliminary Injunction (Attachment: #1 Exhibit 1)(Fox, Jan) (Modified on 1/27/2017 to remove party filers and to add link to #12 order) (skh). [Transferred from West Virginia Southern on 6/5/2020.]
January 26, 2017 Opinion or Order Filing 28 SUMMONS RETURNED EXECUTED for Laurel Run Mining Company, re: #16 Amended Complaint. Laurel Run Mining Company served on 1/25/2017, answer due 2/15/2017. (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
January 26, 2017 Opinion or Order Filing 27 SUMMONS RETURNED EXECUTED for Island Creek Coal Company, re: #16 Amended Complaint. Island Creek Coal Company served on 1/25/2017, answer due 2/15/2017. (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
January 26, 2017 Opinion or Order Filing 26 SUMMONS RETURNED EXECUTED for Helvetia Coal Company, re: #16 Amended Complaint. Helvetia Coal Company served on 1/25/2017, answer due 2/15/2017. (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
January 26, 2017 Opinion or Order Filing 25 SUMMONS RETURNED EXECUTED for CONSOL Amonate Facility, LLC, re: #16 Amended Complaint. CONSOL Amonate Facility, LLC served on 1/25/2017, answer due 2/15/2017. (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
January 24, 2017 Opinion or Order Filing 24 ELECTRONIC SUMMONS ISSUED as to CONSOL Amonate Facility, LLC re: #16 Amended Complaint for Injunctive Relief. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Attachment A, #2 Attachment B) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
January 24, 2017 Opinion or Order Filing 23 ELECTRONIC SUMMONS ISSUED as to Laurel Run Mining Company re: #16 Amended Complaint for Injunctive Relief. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Attachment A, #2 Attachment B) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
January 24, 2017 Opinion or Order Filing 22 ELECTRONIC SUMMONS ISSUED as to Island Creek Coal Company re: #16 Amended Complaint for Injunctive Relief. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Attachment A, #2 Attachment B) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
January 24, 2017 Opinion or Order Filing 21 ELECTRONIC SUMMONS ISSUED as to Helvetia Coal Company re: #16 Amended Complaint for Injunctive Relief. Summons returnable 21 days. Instructions to Counsel: This is your electronic summons. Please print as many copies of the Summons and Complaint as are necessary to effectuate service under Fed. R. Civ. P. 4. See Proof of Service page of this Summons form for filing a return of service if required by Fed. R. Civ. P. 4(l). (Attachments: #1 Attachment A, #2 Attachment B) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
January 24, 2017 Opinion or Order Filing 20 SUMMONS SUBMITTED by George Dunford, James Asbury, Clinton Fields, Eugene Schrader, Arnold Marrs, Roger Beavers, International Union, United Mine Workers of America, Larry Brewster for CONSOL Amonate Facility, LLC, re: #16 Amended Complaint for Injunctive Relief. (Attachments: #1 Attachment A, #2 Attachment B)(Donnelly, Charles) (Modified on 1/24/2017 to correct link to #16 amended complaint) (skh). [Transferred from West Virginia Southern on 6/5/2020.]
January 24, 2017 Opinion or Order Filing 19 SUMMONS SUBMITTED by George Dunford, James Asbury, Clinton Fields, Eugene Schrader, Arnold Marrs, Roger Beavers, International Union, United Mine Workers of America, Larry Brewster for Laurel Run Mining Company, re: #16 Amended Complaint for Injunctive Relief. (Attachments: #1 Attachment A, #2 Attachment B)(Donnelly, Charles) (Modified on 1/24/2017 to correct link to #16 amended complaint) (skh). [Transferred from West Virginia Southern on 6/5/2020.]
January 24, 2017 Opinion or Order Filing 18 SUMMONS SUBMITTED by George Dunford, James Asbury, Clinton Fields, Eugene Schrader, Arnold Marrs, Roger Beavers, International Union, United Mine Workers of America, Larry Brewster for Island Creek Coal Company, re: #16 Amended Complaint for Injunctive Relief. (Attachments: #1 Attachment A, #2 Attachment B)(Donnelly, Charles) (Modified on 1/24/2017 to correct link to #16 amended complaint) (skh). [Transferred from West Virginia Southern on 6/5/2020.]
January 24, 2017 Opinion or Order Filing 17 SUMMONS SUBMITTED by George Dunford, James Asbury, Clinton Fields, Eugene Schrader, Arnold Marrs, Roger Beavers, International Union, United Mine Workers of America, Larry Brewster for Helvetia Coal Company, re: #16 Amended Complaint for Injunctive Relief. (Attachments: #1 Attachment A, #2 Attachment B)(Donnelly, Charles) [Transferred from West Virginia Southern on 6/5/2020.]
January 24, 2017 Opinion or Order Filing 16 AMENDED COMPLAINT FOR INJUNCTIVE RELIEF by Arnold Marrs, George Dunford, International Union, United Mine Workers of America, Roger Beavers, James Asbury, Clinton Fields, Eugene Schrader, Larry Brewster against Consol Energy, Inc., Helvetia Coal Company, Island Creek Coal Company, Laurel Run Mining Company, CONSOL Amonate Facility, LLC. (taq) [Transferred from West Virginia Southern on 6/5/2020.]
January 20, 2017 Opinion or Order Filing 15 PROPOSED ORDER Dismissing Plaintiff's Complaint by Consol Energy, Inc. (Attachment: #1 Certificate of Service)(Fox, Jan) [Transferred from West Virginia Southern on 6/5/2020.]
January 20, 2017 Opinion or Order Filing 14 MEMORANDUM OF POINTS AND AUTHORITIES by Consol Energy, Inc. in support of #13 RULE 12(b)(1) MOTION by Consol Energy, Inc. to Dismiss #1 Complaint for Lack of Jurisdiction (Attachments: #1 Affidavit, #2 Certificate of Service)(Fox, Jan) [Transferred from West Virginia Southern on 6/5/2020.]
January 20, 2017 Opinion or Order Filing 13 RULE 12(b)(1) MOTION by Consol Energy, Inc. to Dismiss #1 Complaint for Lack of Jurisdiction (Attachment: #1 Certificate of Service)(Fox, Jan) [Transferred from West Virginia Southern on 6/5/2020.]
January 20, 2017 Opinion or Order Filing 12 ORDER granting Plaintiffs' #10 MOTION to schedule a hearing on their motion for a preliminary injunction on an expedited basis; Hearing re: Plaintiffs' #8 MOTION for Preliminary Injunction set for 2/1/2017 at 10:00 AM in Charleston before Judge David A. Faber. Signed by Senior Judge David A. Faber on 1/20/2017. (cc: all counsel of record and any unrepresented party) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
January 20, 2017 Opinion or Order Filing 11 AMENDED CERTIFICATE OF SERVICE by International Union, United Mine Workers of America, James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, Arnold Marrs, Eugene Schrader for Motion for a Preliminary Injunction. (Donnelly, Charles) (Modified on 1/23/2017 to add party filers) (dvb). [Transferred from West Virginia Southern on 6/5/2020.]
January 19, 2017 Opinion or Order Filing 10 MOTION by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader to Conduct a Hearing on an Expedited Basis on #8 MOTION by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for a Preliminary Injunction (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
January 18, 2017 Opinion or Order Filing 9 MEMORANDUM by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader in support of #8 MOTION by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for Preliminary Injunction (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
January 18, 2017 Opinion or Order Filing 8 MOTION by James Asbury, Roger Beavers, Larry Brewster, George Dunford, Clinton Fields, International Union, United Mine Workers of America, Arnold Marrs, Eugene Schrader for Preliminary Injunction (Attachments: #1 Declaration of Micheal Buckner, #2 Declaration of Brian Sanson, #3 Declaration of Dennis Robinson, #4 Declaration of George Dunford, #5 Declaration of James Asbury, #6 Declaration of Theresa Smith, #7 Excerpts of the 2011 NBCWA, #8 CONSOL's 2011 NBCWA Employer Plan, #9 Bureau of Cooperative Medicine, Study: Medical Care in Selected Areas of the Appalachian Bituminous Coal Fields, March 193, #10 November 1990 Coal Commission Report: A Report to the Secretary of Labor and the American People, The Secretary of Labor's Advisory Commission on UMWA Retiree Health Benefits, #11 August 2009 Health Status Assessment Project, Mercer Health & Benefits and Verisk Health, Inc., #12 October 2012 NIOSH, Study: Morbidity and Disability Among Workers 18 Years and Older in the Mining Sector 1997-2007, #13 Examples of post-expiration ROD decisions, #14 March 15, 2016 CONSOL letter to beneficiaries, #15 May 3, 2016 CONSOL letter to UMWA summarizing HRA scheme, #16 May 6, 2016 CONSOL letter to beneficiaries, #17 May 10, 2016 UMWA letter to CONSOL, #18 May 26, 2016 CONSOL letter to UMWA, #19 July 25, 2016 CONSOL letter to UMWA, #20 October 31, 2016 CONSOL Section 8(d) Notice of Termination and Cessation of Operations to UMWA, #21 November 1, 2016 ROD filing, #22 November 7, 2016 CONSOL letter to UMWA, #23 November 18, 2016 UMWA letter to CONSOL, #24 November 21, 2016 CONSOL letter to UMWA, #25 December 8, 2016 CONSOL letter to UMWA, including summary of HRA scheme and summaries of benefits for sample plans, #26 Sample Medicare plans available in the Bluefield Area, #27 December 14, 2016 e-mail correspondence between counsel for the UMWA and CONSOL, #28 December 22, 2016 UMWA letter to CONSOL, #29 December 27, 2016 CONSOL letter to the Funds responding to the Nov 1st ROD, #30 January 3, 2017 CONSOL letter to beneficiaries with enrollment information, #31 January 3, 2017 CONSOL letter to beneficiaries, #32 January 12, 2017 CONSOL letter to beneficiaries)(Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
January 13, 2017 Opinion or Order Filing 7 SUMMONS RETURNED EXECUTED BY SECRETARY OF STATE re: #1 Complaint. Accepted by Secretary of State on 1/9/2017. (mk) [Transferred from West Virginia Southern on 6/5/2020.]
January 9, 2017 Opinion or Order Filing 6 SUMMONS RETURNED EXECUTED BY CERTIFIED MAIL for Consol Energy, Inc., re: #1 Complaint. Return Receipt Card signed by Natalie Cardine. Consol Energy, Inc. served on 1/3/2017, answer due 1/24/2017. (information obtained from usps.com for delivered date) (taq) [Transferred from West Virginia Southern on 6/5/2020.]
December 27, 2016 Opinion or Order Filing 5 SUMMONS ISSUED by the Clerk on behalf of Arnold Marrs, George Dunford, International Union, United Mine Workers of America, Roger Beavers, James Asbury, Clinton Fields, Eugene Schrader, Larry Brewster for Consol Energy, Inc., re: #1 Complaint, returnable 21 days. Original Summons and one copy for defendant mailed, by certified mail, for service. (taq) [Transferred from West Virginia Southern on 6/5/2020.]
December 27, 2016 Opinion or Order Filing 4 LETTER-FORM REQUEST to Clerk of Court, from Charles F. Donnelly (undated) re: service of complaint via certified mail. (taq) [Transferred from West Virginia Southern on 6/5/2020.]
December 24, 2016 Opinion or Order Filing 3 STATEMENT OF VISITING ATTORNEY from Arthur Traynor on behalf of International Union, United Mine Workers of America. Local counsel: Charles F. Donnelly. Fee $50.00. Receipt # 0425-5204384. (Traynor, Arthur) [Transferred from West Virginia Southern on 6/5/2020.]
December 23, 2016 Opinion or Order CASE assigned to Judge David A. Faber. (skh) [Transferred from West Virginia Southern on 6/5/2020.]
December 23, 2016 Opinion or Order Filing 2 STANDING ORDER IN RE: ASSIGNMENT AND REFERRAL OF CIVIL ACTIONS AND MATTERS TO MAGISTRATE JUDGES ENTERED JANUARY 4, 2016. Discovery referred to Magistrate Judge Aboulhosn. (cc: attys; any unrepresented party) (arb) [Transferred from West Virginia Southern on 6/5/2020.]
December 23, 2016 Opinion or Order Filing 1 COMPLAINT FOR INJUNCTIVE RELIEF. Filing Fee $400.00. Receipt # 0425-5203623. (Attachments: #1 Exhibit A, #2 Exhibit B-1, #3 Exhibit B-2, #4 Exhibit C, #5 Exhibit D and #6 Civil Cover Sheet) (arb) [Transferred from West Virginia Southern on 6/5/2020.]

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Search for this case: INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA et al v. CONSOL ENERGY INC et al
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Plaintiff: EUGENE SCHRADER
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Plaintiff: ARNOLD MARRS
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Plaintiff: CLINTON FIELDS
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Plaintiff: JAMES ASBURY
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Plaintiff: ROGER BEAVERS
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Plaintiff: GEORGE DUNFORD
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Plaintiff: INTERNATIONAL UNION, UNITED MINE WORKERS OF AMERICA
Represented By: Deborah Stern
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Plaintiff: LARRY BREWSTER
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Defendant: CONSOL ENERGY INC.
Represented By: W. Gregory Mott
Represented By: John R. Woodrum
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Defendant: LAUREL RUN MINING COMPANY
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Defendant: CONSOL AMONATE FACILITY, LLC
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Defendant: HELVETIA COAL COMPANY
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Defendant: ISLAND CREEK COAL COMPANY
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