Emlyn Coal Processing of Minnesota, LLC. v. Xinergy Corporation
| Emlyn Coal Processing of Minnesota, LLC. |
| Xinergy Corporation |
| 6:2009cv00128 |
| April 17, 2009 |
| US District Court for the Eastern District of Kentucky |
| Contract: Other Office |
| Whitley |
| Hanly A Ingram |
| Contract: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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| Filing 65 JUDGMENT: 1. The claim asserted by Emlyn Coal Processing, LLC, for damages pursuant to 18 U.S.C. 1962 et seq., is DISMISSED with prejudice. 2. All other state law claims and counterclaims are DISMISSED without prejudice. 3. This is a FINAL and APPEALABLE judgment, and there is no just cause for delay.4. This action is STRICKEN from the Courts active docket. Signed by Magistrate Judge Hanly A. Ingram on 5/20/2011.(RBB)cc: COR |
Filing 64
MEMORANDUM OPINION AND ORDER: 1. Xinergy's motion to dismiss (D.E. #32 ) is GRANTED in part; 2. Emlyn's claim brought under 18 U.S.C. 1962 is DISMISSED with prejudice; 3. The remaining claims asserted by Emlyn and counterclaims asserted by Xinergy are DISMISSED without prejudice; 4. All other pending motions are DENIED as moot; 5. This matter shall be stricken from the Court's docket; and 6. A separate judgment shall issue. Signed by Magistrate Judge Hanly A. Ingram on 5/19/11. (SYD)cc: COR Modified text on 5/20/2011 (SYD).
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| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #54 FIRST MOTION for Leave by Emlyn Coal Processing of Minnesota, LLC. to File Amended Complaint (RBB) |
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Filing 63
ORDER:1. For the reasons stated on the record, paragraphs eleven (11) and fifteen (15) of the Scheduling Order are hereby VACATED. (See D.E. #24 ). Thus, the Pretrial Conference scheduled to occur on November 23, 2010, and the Jury Trial scheduled to occur on December 13, 2010, are continued generally. The Court will reschedule those proceedings as necessary following consideration of Defendant's Motion for Summary Judgment and Motion to Dismiss ("dispositive motions") (See D.E. #31 - #32 ). 2. For the reasons stated on the record, Defendant's Motion for Protective Order (D.E. #35 ) is GRANTED IN PART. That portion of Defendant's Motion for Protective Order which seeks a temporary stay of discovery pending the Court's consideration of dispositive motions isGRANTED. (See D.E. 35). The parties may seek relief from the stay as described on the record. That portion which seeks a protective order as to the depositions of John Nix and Dave Roberts is taken under advisement, pending resolution of the dispositive motions. 3. For the reasons stated on the record, and the Court's decision to stay discovery until after consideration of dispositive motions, Plaintiff's Motion to Compel Discovery (D.E. #37 ) is HELD IN ABEYANCE pending resolution of the dispositive motions. 4. For the reasons stated on the record, Plaintiff's Motion to Enlarge Time to Respond to Defendant's Motion for Summary Judgment (D.E. #38 ) is DENIED as moot.5. For the reasons stated on the record, Defendant's Motion for Extension of Time in Which to Respond to Discovery (D.E. #39 ) is GRANTED, and Defendant's discovery responses shall be deemed timely served upon Plaintiff. 6. For the reasons stated on the record, Plaintiff's Motion to Deem its DiscoveryResponses Timely Filed (D.E. #40 )1, which referred only to Plaintiff's responses to the discovery propounded by Defendant on May 24, 2010, is GRANTED.7. For the reasons stated on the record, Plaintiff's Motion for Hearing (D.E. #44 ) is DENIED. 8. For the reasons stated on the record, Defendant's Motion for Leave to File Surreply (D.E. #53 ) is DENIED as moot. 9. Although certain matters are to be held in abeyance, the parties may file motions with the Court seeking relief from that abeyance period. If any such motion is filed, the grounds for relief shall be set forth in a supporting affidavit. (Taking under advisement #35 Motion for Protective Order; deferring ruling (HELD IN ABEYANCE) on #37 Motion to Compel; denying #38 Motion for Extension of Time to File Response/Reply ; granting #39 Motion for Extension of Time; granting #40 Motion for Discovery; denying #44 Motion for Hearing; denying #53 Motion for Leave to File.) Signed by Magistrate Judge Hanly A. Ingram on 12/8/2010. (RBB)cc: COR
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| TERMING HEARINGS pursuant to #63 ORDER: Pretrial Conference scheduled to occur on November 23, 2010, and the Jury Trial scheduled to occur on December 13, 2010, are continued generally. The Court will reschedule those proceedings as necessary following consideration of Defendant's Motion for Summary Judgment and Motion to Dismiss ("dispositive motions") (See D.E. #31 - #32 ). (RBB) |
| Filing 62 TRANSCRIPT of Proceedings: STATUS CONFERENCE held on 11/12/2010 before Judge Hanly A. Ingram. Court Reporter: Jessica Amburgey, (Patty Tipton's Court Reporters, Inc.), Telephone number 1-800-498-0133. Transcript ordered by: COURT. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. #Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on #Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 12/30/2010. Redacted Transcript Deadline set for 1/6/2011. Release of Transcript Restriction set for 3/7/2011. (RBB) |
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Filing 61
ORDER: The Court has previously directed the court reporter to expeditiously transcribe the hearing in this matter which occurred on November 12, 2010 (D.E. #59 ), and file such transcript in the record. The clerk is directed to forward a copy of this Order to the court reporter. Signed by Magistrate Judge Hanly A. Ingram on 12/1/2010. (RBB) cc: COR (copy to Court Reporter, Jessica Amburgey, w/ Tipton's Reporting Service, via fax w/ confirmation of receipt)
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| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #60 Affidavit of Citizenship of Parties. (RBB) |
| Filing 60 AFFIDAVIT re #55 Order, of Citizenship of the Parties by Emlyn Coal Processing of Minnesota, LLC.. (Whitaker, Jonathan) |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #35 MOTION for Protective Order by Xinergy Corporation, #38 FIRST MOTION for Extension of Time to File Response/Reply as to #31 MOTION for Summary Judgment by Xinergy Corporation by Emlyn Coal Processing of Minnesota, LLC., #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix, #28 MOTION for Extension of Time to Complete Discovery by Xinergy Corporation, #33 SECOND MOTION for Extension of Time to Complete Discovery by Emlyn Coal Processing of Minnesota, LLC., #29 MOTION for Extension of Time to Complete Discovery by Emlyn Coal Processing of Minnesota, LLC. (RBB) |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix (RBB) |
| Filing 59 MINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 11/12/2010 before Magistrate Judge Hanly A. Ingram: Matter called for a status conference w/ counsel participating as noted; Court heard discussion of counsel regarding pending motions and discovery issues between the parties. A separte, detailed Order will issue. (Court Reporter Jessica Amburgey (Tipton's).) Signed by Hanly A. Ingram. (RBB)cc: COR Note: |
| Filing 58 AFFIDAVIT re #55 Order, of Counsel Alleging Citizenship of Parties by Emlyn Coal Processing of Minnesota, LLC.. (Whitaker, Jonathan) |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #44 FIRST MOTION for Hearing re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix, #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery ResponseFIRST MOTION for Hearing re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix, #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery ResponseFIRST MOTION for Hearing re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix, #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery Response (RBB) |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #39 MOTION for Extension of Time in which to respond to discovery by Xinergy Corporation (RBB) |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery Responses as Timely Filed (RBB) |
| Filing 57 RESPONSE in Opposition re #54 FIRST MOTION for Leave by Emlyn Coal Processing of Minnesota, LLC. to File Amended Complaint filed by Xinergy Corporation. (Attachments: #1 Proposed Order overruling plaintiff's motion)(Spurlock, Drayer) |
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Filing 56
ORDER: On its own motion, the Court VACATES the deadlines set in paragraphs 8 and 9 of the Scheduling Order in this matter (D.E. #24 ). An in-court status conference is hereby set for Friday, November 12, 2010, at 3:30 p.m. The attorneys who will be trying this action shall be present at this status conference. (STATUS CONFERENCE set for 11/12/2010 at 03:30 PM in LONDON before Magistrate Judge Hanly A. Ingram.) Signed by Magistrate Judge Hanly A. Ingram on 11/5/2010.(RBB)cc: COR
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Filing 55
ORDER: Court ORDERS that by no later than 5:00 p.m. Friday, November 12th, 2010, Plaintiff shall submit an affidavit of counsel which properly alleges the citizenship of the parties. Signed by Magistrate Judge Hanly A. Ingram on 11/5/2010. (RBB) cc: COR
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| Filing 54 FIRST MOTION for Leave by Emlyn Coal Processing of Minnesota, LLC. to File Amended Complaint (Attachments: #1 Proposed Order for Leave to File Amended Complaint, #2 Memorandum in Support of Leave to File Amended Complaint, #3 Exhibit TENDERED Second Amended Complaint)(Whitaker, Jonathan) Modified on 10/29/2010 to add text "TENDERED Second" to further describe Attachment #3. (RBB). |
| Filing 53 MOTION for Leave to File Sur-Reply to Plaintiff's Motion to Extend Time in which to file a response to Defendant's Motion for Summary Judgment, by Xinergy Corporation (Attachments: #1 Memorandum in Support, #2 Affidavit Of Counsel, Drayer B. Spurlock, #3 Exhibit Email from Jonathan Whitaker, #4 Exhibit Email from Jonathan Whitaker's assistant Megan, #5 Affidavit Affidavit of Counsel, Gary W. Napier, #6 Exhibit Sur-Reply, #7 Proposed Order Granting Defendant's Motion)(Spurlock, Drayer) Modified on 10/27/2010 to further describe document.(RBB). |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #44 FIRST MOTION for Hearing re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix, #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery ResponseFIRST MOTION for Hearing re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix, #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery ResponseFIRST MOTION for Hearing re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix, #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery Response (RBB) |
| Filing 52 RESPONSE to Motion re #44 FIRST MOTION for Hearing re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix, #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery ResponseFIRST MOTION for Hearing re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix, #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery ResponseFIRST MOTION for Hearing re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix, #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery Response filed by Xinergy Corporation. (Attachments: #1 Proposed Order)(Spurlock, Drayer) |
| NOTICE OF DEFICIENCY TO D. Spurlock re #51 Reply to Response to Motion, Error: Page 12 of Attachment 1, Exhibit, and Pages 1-13, Attachment 2, Exhibit were side-ways; Entry by attorney; Correction: Clerk rotated the page(s) and entered the documents as separate attachments; At the browse screen within ECF, always open and view each PDF document before proceeding with the filing. cc: COR (LGM) |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #31 MOTION for Summary Judgment by Xinergy Corporation (LGM) |
| Filing 51 REPLY to Response to Motion re #31 MOTION for Summary Judgment by Xinergy Corporation filed by Xinergy Corporation. (Attachments: #1 INCORRECT Exhibit Plaintiff's Responses to Defendant's Discovery, #2 INCORRECT Exhibit Plaintiff's Responses to Defendant's Discovery continued, #3 Exhibit Defendant's Responses to Plaintiff's Discovery Requests, #4 Exhibit Defendant's Responses to Plaintiff's Discovery Requests continued, #5 Exhibit Pages 18-19 of Plaintiff's Response to Defendant's Motion for Summary Judgment, #6 Exhibit Defendant's Expert Disclosure Statement)(Spurlock, Drayer) (Additional attachment(s) added on 10/22/2010: #7 CORRECT Exhibit - Plaintiff's Responses to Dft's Discovery, #8 CORRECT - Exhibit Continuation of Pla's responses to Dft's Discovery). Modified to add correct exhibit portions and text on 10/22/2010 (LGM). |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #38 FIRST MOTION for Extension of Time to File Response/Reply as to #31 MOTION for Summary Judgment by Xinergy Corporation by Emlyn Coal Processing of Minnesota, LLC. (LGM) |
| NOTICE OF DEFICIENCY TO J. Whitaker re #48 Reply to Response to Motion. The complete filing attorney's name is not typed on the signature line. The complete name of the Filing User under whose login and password the document is filed must be preceded by an "s/" and typed in the space where the signature would otherwise appear. No further action required. cc: COR (LGM) |
| Filing 50 RESPONSE in Opposition re #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery Responses as Timely Filed filed by Xinergy Corporation. (Attachments: #1 Exhibit August 24 letter to Jonathan Whitaker and attached Rule 11 Motion, #2 Proposed Order overruling plaintiff's motion)(Spurlock, Drayer) |
| Filing 49 RESPONSE in Opposition re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix filed by Xinergy Corporation. (Attachments: #1 Proposed Order overruling motion to compel)(Spurlock, Drayer) |
| Filing 48 REPLY to Response to Motion re #38 FIRST MOTION for Extension of Time to File Response/Reply as to #31 MOTION for Summary Judgment by Xinergy Corporation by Emlyn Coal Processing of Minnesota, LLC. filed by Emlyn Coal Processing of Minnesota, LLC.. (Attachments: #1 Affidavit Affidavit of Jonathan Whitaker, #2 Appendix Letter from Honorable Gary Napier, Dated August 26, 2010, #3 Proposed Order to Enlarge Time for Response to Motion for Summary Judgment)(Whitaker, Jonathan) |
| ***MOTION SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: re #32 MOTION to Dismiss by Xinergy Corporation (RBB) |
| Filing 47 REPLY to Response to Motion re #32 MOTION to Dismiss by Xinergy Corporation filed by Xinergy Corporation. (Spurlock, Drayer) |
| NOTICE OF DOCKET MODIFICATION TO Jonathan Whitaker re #45 Response in Opposition to Motion; Error: Page 2 of Appendix 3 and page 1 of Appendix 4 were upside down; Entry by attorney; Correction: Clerk rotated the pages and entered the documents as separate attachments; At the browse screen within ECF, always open and view each PDF document before proceeding with the filings; No steps need to be taken by counsel. cc: COR (RBB) |
| Filing 46 RESPONSE in Opposition re #38 FIRST MOTION for Extension of Time to File Response/Reply as to #31 MOTION for Summary Judgment by Xinergy Corporation by Emlyn Coal Processing of Minnesota, LLC. filed by Xinergy Corporation. (Attachments: #1 Proposed Order overruling Plaintiff's Motion)(Spurlock, Drayer) |
| Filing 45 RESPONSE in Opposition re #31 MOTION for Summary Judgment by Xinergy Corporation filed by Emlyn Coal Processing of Minnesota, LLC.. (Attachments: #1 Appendix Affidavit of Xinergy Executive Gregory Bernie MasonAffidavit of Xinergy Executive Gregory Bernie Mason, #2 Appendix Email of Xinergy's Dave Roberts about Coal Quality, #3 Appendix SGS Lab Results for Raw Coal, #4 Appendix Purchase Contract Between Emlyn and Xinergy for Raw Coal Sales, #5 Appendix Standard Lab Results from Multiple Coal Vendors)(Whitaker, Jonathan) (Additional attachment(s) added on 10/13/2010: #6 CORRECT Appendix SGS Lab Results for Raw Coal, #7 CORRECT Appendix-Purchase Contract Between Emlyn & Xinergy for Raw Coal Sales) (RBB). |
| Filing 44 FIRST MOTION for Hearing re #37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. of John Nix, #40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery Responses as Timely Filed, #35 MOTION for Protective Order by Xinergy Corporation, #38 FIRST MOTION for Extension of Time to File Response/Reply as to #31 MOTION for Summary Judgment by Xinergy Corporation by Emlyn Coal Processing of Minnesota, LLC., #39 MOTION for Extension of Time in which to respond to discovery by Xinergy Corporation by Emlyn Coal Processing of Minnesota, LLC. (Attachments: #1 Proposed Order)(Whitaker, Jonathan) |
| Filing 43 RESPONSE to #34 Order entered September 16, 2010 filed by Emlyn Coal Processing of Minnesota, LLC.. (Attachments: #1 Exhibit Letter from Honorable Gary Napier, Dated Aug 26, 2010, #2 Exhibit Letter to Honorable Gary Napier, Dated September 1, 2010)(Whitaker, Jonathan) |
| Filing 42 RESPONSE to #34 Order entered September 16, 2010 filed by Xinergy Corporation. (Spurlock, Drayer) |
| ***FILE SUBMITTED TO CHAMBERS of Hanly A. Ingram for review: #43 and #42 -responses to Court #34 Order entered September 16, 2010. (RBB) |
| Filing 41 RESPONSE to Motion re #39 MOTION for Extension of Time by Xinergy Corporation filed by Emlyn Coal Processing of Minnesota, LLC.. (Attachments: #1 Appendix Letter from Honorable Gary Napier, Dated Aug 26, 2010)(Whitaker, Jonathan) |
| Filing 40 FIRST MOTION for Discovery to be deemed timely filed by Emlyn Coal Processing of Minnesota, LLC. to Deem Discovery Responses as Timely Filed (Attachments: #1 Proposed Order)(Whitaker, Jonathan) Modified on 9/30/2010 to further describe document.(RBB). |
| Filing 39 MOTION for Extension of Time in which to respond to discovery by Xinergy Corporation (Attachments: #1 Proposed Order granting Defendant's Motion)(Spurlock, Drayer) Modified on 9/30/2010 to further describe document. (RBB). |
| Filing 38 FIRST MOTION for Extension of Time to File Response/Reply as to #31 MOTION for Summary Judgment by Xinergy Corporation by Emlyn Coal Processing of Minnesota, LLC. (Attachments: #1 Proposed Order)(Whitaker, Jonathan) |
| Filing 37 FIRST MOTION to Compel by Emlyn Coal Processing of Minnesota, LLC. deposition of John Nix (Attachments: #1 Proposed Order, #2 Appendix - Disclosure Statement)(Whitaker, Jonathan) Modified on 9/30/2010 to further describe document. (RBB). |
| Filing 36 RESPONSE in Opposition re #32 MOTION to Dismiss by Xinergy Corporation filed by Emlyn Coal Processing of Minnesota, LLC.. (Attachments: #1 Appendix Xinergy Rule 26(a)(1) Disclosures, #2 Proposed Order)(Whitaker, Jonathan) |
| Filing 35 MOTION for Protective Order by Xinergy Corporation (Attachments: #1 Memorandum in Support of Motion for Protective Order, #2 Affidavit of Counsel in Support of Motion, #3 Exhibit Notice of Deposition of "Defendant John Nix", #4 Exhibit Notice of Deposition of "Defendant Dave Roberts", #5 Proposed Order)(Spurlock, Drayer) |
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Filing 34
ORDER: Two motions for extension of various deadlines are before the Court. (D.E. #28 , #29 ) Defendant, Xinergy Corp., seeks an extension of time in which to complete fact discovery and to file dispositive motions. (D.E. #28 ). ORDERED: counsel for both parties shall file, by no later than Friday, October 1, 2010, at 5:00 p.m., agreed dates for there deadlines set by paragraphs (2) and (7) of the Courts Scheduling Order at D.E. #24 . Thereafter, the Court will reschedule the deadlines and events set by paragraphs (8), (9), (10), (11), (13), and (15) of that Order, if necessary. Signed by Magistrate Judge Hanly A. Ingram on 9/16/2010.(RBB)cc: COR
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| Filing 33 SECOND MOTION for Extension of Time to Complete Discovery by Emlyn Coal Processing of Minnesota, LLC. (Attachments: #1 Proposed Order)(Whitaker, Jonathan) Modified on 9/10/2010 to add text "SECOND" (RBB). |
| Filing 32 MOTION to Dismiss by Xinergy Corporation (Attachments: #1 Proposed Order granting motion to dismiss)(Spurlock, Drayer) |
| Filing 31 MOTION for Summary Judgment by Xinergy Corporation (Attachments: #1 Memorandum in Support Xinergy's Memo in Support of Motion for Summary Judgment, #2 Exhibit Bart Montanari deposition pages part 1, #3 Exhibit Bart Montanari deposition pages part 2, #4 Affidavit Affidavit in support of Motion for Summary Judgment, #5 Exhibit Coal sale agreement between Emlyn and Xinergy, #6 Exhibit Xinergy's coal test results, #7 Exhibit pertinent portion of Xinergy's contract with Georgia Power, #8 Exhibit Email from Dave Roberts, page 1, #9 Exhibit Email from Dave Roberts, page 2, #10 Exhibit Emlyn's coal test results, #11 Proposed Order Judgment in favor of Xinergy)(Spurlock, Drayer) |
| Filing 30 NOTICE OF MANDATORY ECF DIRECTED TO JONATHAN D. WHITAKER, an ECF Filing User re #29 MOTION for Extension of Time to Complete Depositions by Emlyn Coal Processing of Minnesota, LLC. was RECEIVED AS A PAPER PLEADING AND FILED BY THE CLERK, which is in direct violation of this court's General Orders re: Mandatory ECF. Failure to comply will result in this matter being submitted to the Chief Judge. cc: COR (RBB) |
| Filing 29 MOTION for Extension of Time to Complete Depositions by Emlyn Coal Processing of Minnesota, LLC. (Attachments: #1 Proposed Order)(RBB) |
| Filing 28 MOTION for Extension of Time to Complete Discovery by Xinergy Corporation (Attachments: #1 Proposed Order granting motion for extension of time)(Spurlock, Drayer) |
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Filing 27
ORDER The parties jointly filed a Notice, Consent and Reference of this civil action to a magistrate judge. D.E. #23 . The undersigned has been assigned the case. Paragraph 8 of the Courts previous order dated December 7, 2009, (D.E. 24) is hereby AMENDED to require that, by no later than 5:00 p.m. on November 8, 2010, the parties shall file a copy of the documents described in subparagraphs 8(a), 8(b) and 8(c) by email to Magistrate Judge Ingram's chambers Signed by Magistrate Judge Hanly A. Ingram on 08/19/2010.(RBB)cc: COR Modified on 8/25/2010 to remove email address of Judge Ingram. (RBB).
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Filing 26
ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Hanly A. Ingram for all further proceedings. Magistrate Judge Robert E. Wier no longer assigned to case. Signed by Magistrate Judge Robert E. Wier on 7/28/2010.(RBB)cc: COR
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Filing 25
MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 5/3/2010 before Magistrate Judge Robert E. Wier: Today, the Court conducted a telephonic conference with counsel for both parties. The call was not on the record. The Court addressed discovery progress, the schedule, and the possibilityof conducting a settlement conference. Counsel indicated that the case is proceeding in accordance with the Scheduling Order (DE #24 ). Plaintiff's counsel inquired as to a possible organizational change by Xinergy, butDefendant's counsel had no knowledge of such a change. In the event that any change has occurred, the Court will evaluate any motion Plaintiff files to address that change. The Court also addressed subject matter jurisdiction. Plaintiff has filed a claim under federal law, thus invoking federal question jurisdiction. The Court nevertheless alerted Plaintiff to continuing deficiencies in the citizenship allegations of each party. Finally, the Court discussed the possibility of a court-conducted mediation. Both counsel expressed an interest in mediation, and Defendant's counsel indicated that such a conference would be optimal within sixty days. The Court ordered the parties to confer with their respective clients and then file a joint motion requesting a settlement conference. The Court will refer the motion to another Magistrate Judge because of the consent nature of this case.Signed by Magistrate Judge Robert E. Wier on 5/3/2010. (RBB)cc: COR
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Filing 24
SCHEDULING ORDER: 1) parties exchange Rule 26(a)(1) info by 12/21/09 with supplementation pursuant to 26(e); 2) Fact Discovery due by 9/1/2010; 3) Rule 26(a)(2) reports due from Plaintiff by 6/1/2010 and from Defendant by 7/1/10. Discovery related to experts due by 8/2/2010; 4) discovery disputes to be resolved as stated; 5) Amended Pleadings and Motions to Join Additional Parties due by 4/19/2010; 6) Telephonic conference for counsel only set for 5/3/2010 at 10:00 a.m. The Court will iniate the call; 7) Dispositive and Daubert motions due by 9/6/2010; 8) NLT 11/8/2010 counsel shall file w/ Clerk an original and shall submit copy to chambers via email pretrial filings as listed; 9) NLT 11/8/2010 counsel pre-mark exh; 10) NLT 11/8/2010 counsel shall conduct conference by phone or in person to formulate agreed proposed jury instructions;11) PRETRIAL CONFERENCE set for 11/23/2010 @ 10:00 a.m.; 12) @ PTC counsel shall file agreed statement of the Case; 13) NLT 11/15/2010 counsel shall file w/ clerk, submit copy to court - any mts in limine, detailed obj to use of witness, document; 14) NLT 7 working days prior to trial counsel shall submit to Court's Chambers a copy of each documentary exh; 15) JURY TRIAL assigned AT LONDON, CTRM C on 12/13/2010 @ 9:30 a.m., counsel at 9:00 a.m.; five day trial. 16) modifications of schedule is unlikely and will only occur for good cause shown. Signed by Robert E. Wier ***Discovery due by 9/1/2010. Dispositive Motions due by 9/6/2010. FINAL PRETRIAL CONFERENCE set for 11/23/2010 10:00 AM in LONDON before Robert E. Wier. JURY TRIAL set for 12/13/2010 09:00 AM in LONDON before Robert E. Wier. Telephone Conference set for 5/3/2010 10:00 AM in LONDON before Robert E. Wier.(SYH)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #23 Notice, CONSENT & REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE (RBB) |
| Filing 23 NOTICE, CONSENT & REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JDUIGE by Emlyn Coal Processing of Minnesota, LLC., Xinergy Corporation (RBB) |
| Case reassigned to Robert E. Wier. Gregory F. VanTatenhove no longer assigned to the case. (RBB) |
| ***FILE SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: #22 Status Report (RBB) |
| Filing 22 FIRST STATUS REPORT by Emlyn Coal Processing of Minnesota, LLC.. (Whitaker, Jonathan) |
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Filing 21
ORDER: 1. Plaintiff is directed to respond to the discovery and litigation plan set forth in the Defendants Status Report #20 within ten (10) days from the date of entry of this Order, or show cause for its failure to do so; 2) The Clerk of the Court is DIRECTED to transmit to the parties another AO 85 Consent to Magistrate Judge Form; and 3) If the parties consent to the jurisdiction of a Magistrate Judge for all further proceedings, the form must be signed and filed in the record within ten (10) days from the date of entry of this Order. re #20 Status Report filed by Xinergy Corporation, ( Status Report due by 11/30/2009.) Signed by Gregory F. VanTatenhove on 11/16/2009. (Attachments: #1 AO 85 Consent)(SYH)cc: COR
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| ***FILE SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: #20 Status Report by Xinergy Corporation. (RBB) |
| Filing 20 STATUS REPORT by Xinergy Corporation. (Spurlock, Drayer) |
| Filing 19 ANSWER to #18 Amended Complaint, COUNTERCLAIM against Emlyn Coal Processing of Minnesota, LLC. by Xinergy Corporation.(Spurlock, Drayer) |
| Filing 18 AMENDED COMPLAINT against Xinergy Corporation, filed by Emlyn Coal Processing of Minnesota, LLC. (filed pursuant to Order #15 )(RBB) |
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Filing 17
ORDER: 1. The Motion for Withdrawal and Substitution of Counsel for Defendant Xinergy Corporation [R. 8] is GRANTED; and 2. Gary Napier, Esq., of the firm Napier & Associates, shall be substituted as counsel of record for the Defendant, Xinergy Corporation, in place of Kyle M. Melloan, Esq., of the firmFrost Brown Todd LLC, who is relieved of any further responsibility. Attorney Gary W. Napier for Xinergy Corporation added. Attorney Kyle M. Melloan terminated. Signed by Gregory F. VanTatenhove on 09/25/2009.(RBB)cc: COR
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Filing 16
ORDER FOR MEETING AND REPORT: ORDER FOR MEETING AND REPORT: 1. No later than thirty (30) days from the date of entry and service of this order, counsel for the parties shall conduct the meeting of parties required by Rule 26(f) to discuss the possibilities for a prompt settlement or resolution of the case and to develop a proposed discovery plan. 2. At the time of the meeting, counsel for the parties shall exchange the disclosures required by Rule 26(a)(1) and, in the future, shall make supplemental disclosures when required by Rule 26(e). 3. No later than ten (10) days after the meeting, counsel for the parties shall file a written joint report outlining the proposed discovery plan. 4. In the event this matter involves a corporation or partnership, the party is directed to advise the Court at the time of the submission of the parties joint report of all parent corporations, subsidiaries, affiliates, members and/or partners with which it is associated. Signed by Gregory F. Van Tatenhove. Rule 26 Meeting Report due by 11/4/2009. (Attachments: #1 Consent Form)(RBB)cc: COR Modified on 9/25/2009 to bold text. (RBB)
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Filing 15
ORDER: 1. The Plaintiff's Motion for Leave to File Amended Complaint [R. #12 ] is GRANTED; 2. The Clerk of the Court is directed to file the Tendered Amended Complaint [R. #13 ] in the record as of the date of entry of this Order. Motions terminated: #12 FIRST MOTION for Leave to File by Emlyn Coal Processing of Minnesota, LLC. Amended Complaint filed by Emlyn Coal Processing of Minnesota, LLC. Signed by Gregory F. VanTatenhove on 09/25/2009.(RBB)cc: COR
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| Filing 14 NOTICE OF FILING by Emlyn Coal Processing of Minnesota, LLC. re #12 FIRST MOTION for Leave to File by Emlyn Coal Processing of Minnesota, LLC. Amended Complaint (Attachments: #1 Proposed Order to Allow Filing of Amended Complaint)(Whitaker, Jonathan) |
| NOTICE OF DEFICIENCY TO Jonathan Whitaker re #12 FIRST MOTION for Leave to File by Emlyn Coal Processing of Minnesota, LLC. Amended Complaint attorney failed to submit a proposed order as an electronic attachment tothe motion. Entry by attorney; within 3 business days, prepare apleading entitled "Notice of Filing" (with a certificate of service,) file theNotice using the event "Notice of Filing," attach the proposed order, andcreate a link to the related docket entry. cc: COR (ECO) |
| ***FILE SUBMITTED TO CHAMBERS of GREGORY F. VAN TATENHOVE for review: #11 Response to Order to Show Cause #9 . (ECO) |
| NOTICE OF DOCKET MODIFICATION TO Jonathan Whitaker re #13 Amended Complaint ERROR : This pleading was not filed as an attachment to #12 motion for leave to file Amended Complaint. Correction: the clerk tenderedthe Amended Complaint. An electronically submitted document requiringleave of Court shall be filed as an attachment to the motion and not as aseparate entry. No further action required by counsel. cc: COR (ECO) |
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NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re #9 Order; Error: incorrect judge entered as signing the document; Entry by docket clerk; Correction: text corrected to reflect document was signed by Judge Gregory F. Van Tatenhove; no steps need to be taken by counsel. cc: COR (RBB)
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| Filing 13 TENDERED AMENDED COMPLAINT against Xinergy Corporation, filed by Emlyn Coal Processing of Minnesota, LLC..(Whitaker, Jonathan) Modified to reflect the document is tendered on 9/22/2009 (ECO). |
| Filing 12 FIRST MOTION for Leave to File by Emlyn Coal Processing of Minnesota, LLC. Amended Complaint (Whitaker, Jonathan) (Additional attachment(s) added on 9/25/2009: #1 Proposed Order) (RBB). |
| Filing 11 RESPONSE TO ORDER TO SHOW CAUSE by Emlyn Coal Processing of Minnesota, LLC. #9 Amendment of Pleadings to Show Jurisdiction filed by Emlyn Coal Processing of Minnesota, LLC.. (Whitaker, Jonathan) |
| NOTICE OF DOCKET MODIFICATION TO Jonathan Whitaker re #6 Answer to Complaint and Counterclaim; Error: a link was not created to the related document; Entry by attorney; Correction: Clerk modified the entry to create the link; In the future, create a link to the related document. No further action required by counsel. cc: COR (RBB) |
| Filing 10 REPLY to #6 COUNTERCLAIM Defendant Xinergy's Counterclaim filed by Emlyn Coal Processing of Minnesota, LLC. (Whitaker, Jonathan) Modified on 9/15/2009 to create link to related document.(Bundy, Renee). |
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Filing 9
ORDER: ORDERED that the Plaintiff make a suitable curative filing, see 28 U.S.C. 1653, within ten (10) days from the date of entry of this order. Signed by Gregory F. Van Tatenhove on 09/11/2009. (Curative Filing DDL: 09/21/2009)(RBB)cc: COR Modified on 9/22/2009 to correct name of judge signing order. (RBB).
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| ***MOTION SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: re #8 MOTION to Substitute Attorney by Xinergy Corporation Motion of Withdrawal and Substitution of Counsel for Defendant Xinergy Corporation MOTION to Withdraw as Attorney by Xinergy Corporation MOTION to Withdraw Reference by Xinergy Corporation (JMB) |
| Filing 8 MOTION to Substitute Attorney by Xinergy Corporation Motion of Withdrawal and Substitution of Counsel for Defendant Xinergy Corporation, MOTION to Withdraw as Attorney by Xinergy Corporation, MOTION to Withdraw Reference by Xinergy Corporation (Attachments: #1 Proposed Order Order)(Melloan, Kyle) |
| ***FILE SUBMITTED TO CHAMBERS of Gregory F. Van Tatenhove for review: for Order For Meeting and Report (RBB) |
| IMPORTANT NOTICE - PRIVACY RULES and REDACTION POLICY: F.R.Civ.P. 5.2 requires that personal identification information must be partially redacted from documents filed with the court. #Click here for more information on the rules. In connection with the Federal Privacy Rule, the Court's Privacy Policy may be found on the court website at www.kyed.uscourts.gov. #Read this policy carefully. It is the sole responsibility of counsel and the parties to comply with the rules of this court requiring redaction of personal data identifiers. cc: COR (RBB) |
| Filing 7 FRCP 7.1 DISCLOSURE STATEMENT Xinergy Corporation's FRCP Rule 7.1 Corporate Disclosure Statement by Xinergy Corporation identifying Corporate Parent Xinergy Corporation for Xinergy Corporation.. (Melloan, Kyle) |
| Filing 6 ANSWER to #1 Complaint Answer and Counterclaim, COUNTERCLAIM against Emlyn Coal Processing of Minnesota, LLC. by Xinergy Corporation.(Melloan, Kyle) |
| Filing 5 SUMMONS RETURNED EXECUTED by Emlyn Coal Processing Minnesota, LLC via personal service to Xinergy Corporation served on 8/3/2009, answer due 8/23/2009; AFFIDAVIT of Service for Complaint against Xinergy served on Whitney Crengros of Frost, Brown and Todd LLC on August 3, 2009, filed by Emlyn Coal Processing of Minnesota, LLC. (Attachments: #1 Affidavit of Service on Xinergy)(Whitaker, Jonathan) Modified on 8/19/2009 to update answer due ddl and to further describe document.(RBB). |
| NOTICE OF ACTION BY CLERK STRIKING A DOCUMENT FROM THE RECORD re #4 Affidavit of Service was an INCOMPLETE PDF document filed as main document; Attorney shall re-file the complete Summons Returned Executed by filing a copy of the summons issued by the clerk, with the declaration of service completed stating the method of service, and the executed certified mail receipt if service is by certified mail, within three (3) business days. *cbd* cc: COR (RBB) |
| Filing 4 STRICKEN PURSUANT TO Notice of Action Striking a Document filed on 8/14/2009. Modified on 8/17/2009 (RBB). |
| Filing 3 Summons Issued to Xinergy Corporation; issued summons returned to counsel via US MAIL (MRS) |
| Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by Emlyn Coal Processing of Minnesota, LLC.. (MRS) |
| Filing 1 COMPLAINT ( Filing fee $350; receipt number 1463291), filed by Emlyn Coal Processing of Minnesota, LLC. (Attachments: #1 Proposed Summons, #2 Civil Cover sheet, #3 Case Assignment)(MRS) |
| ***FILE SUBMITTED TO CHAMBERS of VAN TATENHOVE for New Case Review: #1 Complaint (MRS) |
| Conflict Check run. (MRS) |
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| Search for this case: Emlyn Coal Processing of Minnesota, LLC. v. Xinergy Corporation | |
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| Plaintiff: Emlyn Coal Processing of Minnesota, LLC. | |
| Represented By: | Jonathan D. Whitaker |
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| Defendant: Xinergy Corporation | |
| Represented By: | Drayer B. Spurlock |
| Represented By: | Kyle M. Melloan |
| Represented By: | Gary W. Napier |
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