Foresight Coal Sales, LLC. v. Schmitt et al
Plaintiff: Foresight Coal Sales, LLC.
Defendant: Linda Bridwell, Talina Mathews, Kent Chandler and Michael Schmitt
Case Number: 3:2021cv00016
Filed: April 5, 2021
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Gregory F VanTatenhove
Nature of Suit: Constitutional - State Statute
Cause of Action: 28 U.S.C. § 2201
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 3, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
June 1, 2021 Opinion or Order Filing 19 AMENDED COMPLAINT for Declaratory and Injunctive Relief Challenging Constitutionality of State Law against Linda Bridwell, Kent Chandler, Talina Mathews, Michael Schmitt, filed by Foresight Coal Sales, LLC.. (Attachments: #1 Exhibit Deposition of Jeb Pinney, #2 Exhibit 3.10.21 E-mail)(Sellards, Robert)
May 12, 2021 Opinion or Order Filing 18 MOTION to Dismiss for failure to state a claim by Linda Bridwell, Kent Chandler, Talina Mathews, Michael Schmitt (Attachments: #1 Proposed Order)(Kuhn, Matthew)
April 27, 2021 Opinion or Order Filing 17 ORDER: 1. Motion for Extension of Time #13 is GRANTED; 2. Defendants shall have up to and until 5/12/2021 to respond to the complaint. Signed by Judge Gregory F. VanTatenhove on 4/26/2021.(CBD)cc: COR Modified response date on 4/28/2021 (JJ).
April 22, 2021 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #13 MOTION for Extension of Time by Linda Bridwell, Kent Chandler, Talina Mathews, Michael Schmitt to Respond to the Complaint (JJ)
April 21, 2021 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: re #13 MOTION for Extension of Time to Respond to the Complaint (CBD)
April 16, 2021 Opinion or Order Filing 16 AFFIDAVIT of Service as to all defendants for Complaint, Summonses, and Exhibits served on Matthew F. Kuhn (Principal Deputy Solicitor General, Office of Attorney General Daniel Cameron) on April 7, 2021, filed by Foresight Coal Sales, LLC.. (Johnson, Nicholas) Modified text on 4/16/2021 (CBD).
April 16, 2021 Opinion or Order Filing 15 ORDER: 1. Motion #14 for Admission Pro Hac Vice is GRANTED; 2. Nicholas S. Johnson is admitted pro hac vice as counsel for Plaintiff in the above styled action. Signed by Judge Gregory F. VanTatenhove on 4/16/2021. (CBD)cc: COR
April 14, 2021 Opinion or Order Filing 14 MOTION for Nicholas Johnson to Appear Pro Hac Vice by Foresight Coal Sales, LLC. ( Filing fee $125; receipt number 0643-4947321) (Attachments: #1 Proposed Order Proposed Order, #2 Exhibit Certificate of Good Standing)(Sellards, Robert)
April 14, 2021 Opinion or Order BAR STATUS Check completed as to Nicholas S. Johnson re #14 MOTION for Nicholas Johnson to Appear Pro Hac Vice by Foresight Coal Sales, LLC. ( Filing fee $125; receipt number 0643-4947321). (JJ)
April 14, 2021 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #14 MOTION for Nicholas Johnson to Appear Pro Hac Vice by Foresight Coal Sales, LLC. ( Filing fee $125; receipt number 0643-4947321) (JJ)
April 13, 2021 Opinion or Order Filing 13 MOTION for Extension of Time by Linda Bridwell, Kent Chandler, Talina Mathews, Michael Schmitt to Respond to the Complaint (Attachments: #1 Proposed Order)(Kuhn, Matthew)
April 13, 2021 Opinion or Order Filing 12 NOTICE OF APPEARANCE by Linda Bridwell, Kent Chandler, Talina Mathews, Michael Schmitt. (Kuhn, Matthew)
April 9, 2021 Opinion or Order Filing 11 ORDER: 1. Motions #9 , #10 for Admission Pro Hac Vice are GRANTED; and 2. Attorneys Christopher D. Smith and Joshua I. Hammack is admitted pro hac vice as counsel for Plaintiff Foresight Coal Sales, LLC,. Signed by Judge Gregory F. VanTatenhove on 4/9/2021. (CBD)cc: COR
April 8, 2021 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #9 MOTION for Christopher D. Smith to Appear Pro Hac Vice by Foresight Coal Sales, LLC. , #10 MOTION for Joshua Hammack to Appear Pro Hac Vice by Foresight Coal Sales, LLC. (JJ)
April 8, 2021 Opinion or Order BAR STATUS Check completed as to Joshua I. Hammack, Christopher D. Smith re #10 MOTION for Joshua Hammack to Appear Pro Hac Vice by Foresight Coal Sales, LLC. ( Filing fee $125; receipt number 0643-4941874), #9 MOTION for Christopher D. Smith to Appear Pro Hac Vice by Foresight Coal Sales, LLC. ( Filing fee $125; receipt number 0643-4940958). (JJ)
April 7, 2021 Opinion or Order Filing 10 MOTION for Joshua Hammack to Appear Pro Hac Vice by Foresight Coal Sales, LLC. ( Filing fee $125; receipt number 0643-4941874) (Attachments: #1 Exhibit Certificate of Good Standing, #2 Proposed Order Proposed Order)(Sellards, Robert)
April 6, 2021 Opinion or Order Filing 9 MOTION for Christopher D. Smith to Appear Pro Hac Vice by Foresight Coal Sales, LLC. ( Filing fee $125; receipt number 0643-4940958) (Attachments: #1 Proposed Order, #2 Exhibit A)(Sellards, Robert)
April 6, 2021 Opinion or Order Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Foresight Coal Sales, LLC.. (Sellards, Robert)
April 6, 2021 Opinion or Order Filing 6 NOTICE TO ATTORNEY Nicholas S Johnson by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (CBD)
April 6, 2021 Opinion or Order Filing 5 NOTICE TO ATTORNEY Joshua Hammock by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (CBD)
April 6, 2021 Opinion or Order Filing 4 NOTICE TO ATTORNEY Christopher D. Smith by Clerk re: L.R. 83- Attorney Admission procedure w/ a copy of L.R. 83 and Attorney Admission Application (CBD)
April 6, 2021 Opinion or Order Filing 3 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Robert Sellards. #1 Complaint has been filed by Foresight Coal Sales, LLC without the required Rule 7.1 Disclosure statement. Rule 7.1 Disclosures must be filed within fourteen (14) calendar days. Failure to file the Disclosure Statement will cause the case to be submitted to the presiding judge for further action. cc: COR (MJY)
April 6, 2021 Opinion or Order Conflict Check run. (MJY)
April 6, 2021 Opinion or Order Clerk's Note: re #2 Summons Issued. Clerk's office verified that service will not be through the Secretary of State. Therefore, summons will be retrieved electronically for service on the parties. (MJY)
April 5, 2021 Opinion or Order Filing 2 Summons Issued as to Linda Bridwell, Kent Chandler, Talina Mathews, Michael Schmitt; Summons issued and returned to counsel by U.S. Mail for service. (MJY) Modified to correct text on 4/6/2021 (MJY).
April 5, 2021 Opinion or Order Filing 1 COMPLAINT ( Filing fee $402; receipt number 0643-4939640)), filed by Foresight Coal Sales, LLC. (Attachments: #1 Exhibit A - Resolution urging PSC to consider all costs, #2 Exhibit B - Email dated 3/29/19 from Charles Snavely, #3 Exhibit C - Transcript Ky Public Service Commission dated 4/16/19, #4 Exhibit D - Letter to John E.B. Pinney dated 5/29/19, #5 Exhibit E - Letter to John E.B. Pinney dated 5/30/19, #6 Exhibit F - Letter from Rocco O. D'Ascenzo to John Pinney dated 5-29-19, #7 Exhibit G - Letter to John Pinney dated 5-22-19, #8 Exhibit H - Letter to John Pinney from Tyson Kamuf dated 5/30/19, #9 Exhibit I - Letter to John Pinney dated 6/7/19, #10 Exhibit J - Letter to John Pinney dated 6/7/19 from Michael L. Kurtz, #11 Exhibit K - Statement of Consderation, #12 Exhibit L - Notice of Intent to Pursue Legal Action, #13 Exhibit M - Letter to All Electric Utilities dated 1/8/2020, #14 Exhibit N - Letter to All Electric Utilities dated 3/4/2020, #15 Exhibit 0 - Agreement signed 11/30/2020, #16 Exhibit P - Letter dated 12/1/2020 to all Jurisdictional Electric Utilities, #17 Exhibit Q - Memorandum Letter dated 12/14/2020, #18 Exhibit R - Excerpt from Ky Administrative Regulation Review Committee 3/8/2021, #19 Exhibit S - Excerpt of Hearing before the Senate Standing Committee 3/3/2021, #20 Exhibit T - Excerpt of Hearing before the Senate Standing Committee 3/11/2021, #21 Exhibit U - Excerpt of House Floor Proceeding 3/15/2021, #22 Summons Kent Chandler, #23 Summons Talina Mathews, #24 Summons Michael Schmitt, #25 Summons Linda Bridwell, #26 Civil Cover Sheet)(MJY)

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Defendant: Linda Bridwell
Represented By: Matthew F. Kuhn
Represented By: Brett Robert Nolan
Represented By: S. Chad Meredith
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Defendant: Talina Mathews
Represented By: Matthew F. Kuhn
Represented By: Brett Robert Nolan
Represented By: S. Chad Meredith
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Defendant: Kent Chandler
Represented By: Matthew F. Kuhn
Represented By: Brett Robert Nolan
Represented By: S. Chad Meredith
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Defendant: Michael Schmitt
Represented By: Matthew F. Kuhn
Represented By: Brett Robert Nolan
Represented By: S. Chad Meredith
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Plaintiff: Foresight Coal Sales, LLC.
Represented By: Joshua I. Hammack
Represented By: Robert M. Sellards
Represented By: Nicholas S. Johnson
Represented By: Christopher D. Smith
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