The Estate of Nancy Cundiff et al v. Blackhawk Mining, LLC et al
Plaintiff: The Estate of Nancy Cundiff, The Estate of Ruby Cundiff and Larry Cundiff
Defendant: Blackhawk Mining, LLC, Pine Branch Mining, LLC, Kentucky Power Company and Asplundh Tree Expert, LLC
Case Number: 5:2023cv00246
Filed: August 25, 2023
Court: U.S. District Court for the Eastern District of Kentucky
Presiding Judge: Karen K Caldwell
Referring Judge: Gregory F VanTatenhove
Nature of Suit: Torts to Land
Cause of Action: 28 U.S.C. § 1332 Diversity-Torts to Land
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 7, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 23, 2023 Opinion or Order ***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re #10 MOTION to Remand to State Court by Larry Cundiff (KM)
October 9, 2023 Opinion or Order Filing 16 NOTICE by Blackhawk Mining, LLC, Pine Branch Mining, LLC Notice Regarding Rule 26(f) Conference (Johnson, Kristeena)
October 6, 2023 Opinion or Order Filing 15 RESPONSE in Opposition re #10 MOTION to Remand to State Court by Larry Cundiff Response of Asplundh Tree Expert, LLC in Opposition to Plaintiffs' Motion for Attorney's Fees filed by Asplundh Tree Expert, LLC. (Phillips, Jeffrey)
October 5, 2023 Opinion or Order Filing 14 RESPONSE in Opposition re #10 MOTION to Remand to State Court by Larry Cundiff filed by Blackhawk Mining, LLC, Pine Branch Mining, LLC. (Johnson, Kristeena)
October 5, 2023 Opinion or Order Filing 13 RESPONSE in Opposition re #10 MOTION to Remand to State Court by Larry Cundiff filed by Kentucky Power Company. (Yates, Donald)
October 5, 2023 Opinion or Order Filing 12 RESPONSE in Opposition re #10 MOTION to Remand to State Court by Larry Cundiff filed by Asplundh Tree Expert, LLC. (Phillips, Jeffrey)
September 25, 2023 Opinion or Order Filing 11 NOTICE of Appearance by James McFarlane McClure on behalf of Blackhawk Mining, LLC, Pine Branch Mining, LLC (McClure, James)
September 15, 2023 Opinion or Order Filing 10 MOTION to Remand to State Court by Larry Cundiff (Attachments: #1 Memorandum in Support, #2 Proposed Order, #3 Attachment Motion for Attorney's Fees, #4 Proposed Order)(Bentley, Bruce)
September 1, 2023 Opinion or Order Filing 8 ORDER: By agreement of the Judges, this matter is REASSIGNED to the Honorable Judge Gregory F. Van Tatenhove, for all further proceedings. Signed by Judge Karen K. Caldwell on 9/1/2023. (KMP) cc: COR
August 31, 2023 Opinion or Order Filing 7 FRCP 7.1 DISCLOSURE STATEMENT by Kentucky Power Company identifying Corporate Parent American Electric Power Company, Inc. for Kentucky Power Company.. (Yates, Donald)
August 29, 2023 Opinion or Order Filing 6 ORDER FOR MEETING AND REPORT: 1. W/in 21 days, parties to meet; 2. NLT 14 days after meeting, counsel shall file written joint report. Signed by Judge Karen K. Caldwell on 8/29/2023. (KMP) cc: COR
August 29, 2023 Opinion or Order ***FILE SUBMITTED TO CHAMBERS of Judge Karen K. Caldwell for review: Answer to Complaint, #4 Answer to Complaint, Answer to Complaint, #1 Notice of Removal, (KMP)
August 28, 2023 Opinion or Order Filing 5 FRCP 7.1 DISCLOSURE STATEMENT by Asplundh Tree Expert, LLC. (Phillips, Jeffrey)
August 28, 2023 Opinion or Order Filing 4 ANSWER to Complaint by Asplundh Tree Expert, LLC.(Phillips, Jeffrey)
August 25, 2023 Opinion or Order Filing 3 FRCP 7.1 DISCLOSURE STATEMENT by Blackhawk Mining, LLC, Pine Branch Mining, LLC identifying Corporate Parent Sev.en US Met Coal Inc., for Blackhawk Mining, LLC; Corporate Parent Blackhawk Mining, LLC, Corporate Parent Blackhawk Sub, LLC, Corporate Parent Blackhawk DRE, LLC, Corporate Parent Sev.en US Met Coal Inc. for Pine Branch Mining, LLC.. (KCF)
August 25, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL from Breathitt Circuit, case number 23-CI-00151. (Filing fee $402; receipt number AKYEDC-5634733), filed by Blackhawk Mining, LLC, Pine Branch Mining, LLC. (Attachments: #1 Exhibit State Court Record, #2 Exhibit Sev.en Declaration, #3 Exhibit Asplundh Declaration, #4 Exhibit State Emergency Order, #5 Exhibit Letter to JRB, #6 Exhibit FEMA Release, #7 Exhibit Proof of Service, #8 Exhibit Consent to Removal, #9 Civil Cover Sheet)(KCF)
August 25, 2023 Opinion or Order Conflict Check run. (KCF)
August 25, 2023 Opinion or Order ANSWER to Complaint by Blackhawk Mining, LLC, Pine Branch Mining, LLC. FILED IN STATE COURT RECORD. SEE #1 .(KCF)
August 25, 2023 Opinion or Order ANSWER to Complaint by Kentucky Power Company. FILED IN STATE COURT RECORD. SEE #1 . (KCF)

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Search for this case: The Estate of Nancy Cundiff et al v. Blackhawk Mining, LLC et al
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Plaintiff: The Estate of Nancy Cundiff
Represented By: Bruce R. Bentley
Represented By: Kyle R. Salyer
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Plaintiff: The Estate of Ruby Cundiff
Represented By: Bruce R. Bentley
Represented By: Kyle R. Salyer
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Plaintiff: Larry Cundiff
Represented By: Bruce R. Bentley
Represented By: Kyle R. Salyer
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Defendant: Blackhawk Mining, LLC
Represented By: Grahmn Morgan
Represented By: Kristeena L. Johnson
Represented By: Richard Clayton Larkin
Represented By: James McFarlane McClure
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Defendant: Pine Branch Mining, LLC
Represented By: Kristeena L. Johnson
Represented By: Grahmn Morgan
Represented By: Richard Clayton Larkin
Represented By: James McFarlane McClure
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Defendant: Kentucky Power Company
Represented By: Donald Ray Yates, II
Represented By: Ronald Scott May
Represented By: Wendell S. Roberts
Represented By: Randall S. May
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Defendant: Asplundh Tree Expert, LLC
Represented By: Jeffrey K. Phillips
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