Pizzella v. Blackjewel L.L.C. et al
Plaintiff: Patrick Pizzella
Defendant: Blackjewel L.L.C. and Blackjewel Marketing and Sales Holdings, LP
Case Number: 6:2019cv00207
Filed: August 22, 2019
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Claria Horn Boom
Nature of Suit: Labor: Fair Standards
Cause of Action: 29:201
Jury Demanded By: None
Docket Report

This docket was last retrieved on October 21, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 21, 2019 Filing 30 MOTION for Judgment by Patrick Pizzella (Motzny, Thomas)
October 10, 2019 Opinion or Order Filing 29 ORDER GRANTING LEAVE TO APPEAR PRO HAC VICE IT IS HEREBY ORDERED as follows: 1. The Motion to Appear Pro Hac Vice [R. 27] is GRANTED. 2. Shawn P. George is granted leave to appear pro hac vice for defendant Blackjewel Marketing and Sales Holdings, LP in this action. 3. If during the pendency of this action, Shawn P. George is disbarred, suspended from practice, is not in good standing with the Bar to which he is a member, or is subject to any other disciplinary action by any court, state, territory or the District of Columbia, he must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Claria Horn Boom on 10/10/2019. (KJA)cc: COR
October 10, 2019 ***MOTION SUBMITTED TO CHAMBERS of Claria Horn Boom for review: re #27 MOTION for Order by Blackjewel Marketing and Sales Holdings, LP for Shawn George to Appear Pro Hac Vice (KJA)
October 9, 2019 Filing 28 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 10/9/2019 before Judge Claria Horn Boom: The parties appeared by counsel for telephonic status conference as noted. The parties advised the Court they are working towards a settlement agreement. The Court, being otherwise sufficiently advised, ORDERS as follows: 1. This matter is scheduled for a Telephonic Status Conference on Wednesday, October 23, 2019 at 3:00 p.m. in Lexington. The parties are to call 888-363-4735. When prompted, enter the participant access code, 9522526. Counsel should dial in five minutes before the conference is scheduled to begin. ( TELEPHONE CONFERENCE set for 10/23/2019 at 03:00 PM in LEXINGTON before Judge Claria Horn Boom.). (Tape #KYED-LEX__6-19-cv-207-CHB_20191009_153127.) (KJA)cc: COR, Lexington Diary
October 9, 2019 Filing 27 MOTION for Order by Blackjewel Marketing and Sales Holdings, LP for Shawn George to Appear Pro Hac Vice (Attachments: #1 Exhibit 1. Certificate of Good Standing, #2 Exhibit 2. Declaration, #3 Proposed Order)(Ams, Jason)
October 8, 2019 Opinion or Order Filing 26 ORDER DENYING LEAVE TO APPEAR PRO HAC VICE: 1. Defendant's Motion to Appear Pro Hac Vice [R. #24 ] is DENIED without prejudice. 2. Shawn P. George is granted leave to refile his Motion for Admission Pro Hac Vice in conformance with the local rules and may do so without paying the filing fee. Signed by Judge Claria Horn Boom on 10/08/2019.(KJA)cc: COR
October 3, 2019 ***MOTION SUBMITTED TO CHAMBERS of Claria Horn Boom for review: re #24 MOTION for Shawn P. George to Appear Pro Hac Vice by Blackjewel Marketing and Sales Holdings, LP ( Filing fee $125; receipt number 0643-4479784) (KJA)
October 3, 2019 BAR STATUS Check completed as to Shawn P. George re #24 MOTION for Shawn P. George to Appear Pro Hac Vice by Blackjewel Marketing and Sales Holdings, LP ( Filing fee $125; receipt number 0643-4479784). (KJA)
October 2, 2019 NOTICE RE: DOCUMENT CONVERSION REQUIREMENT TO Jason Ams re #24 MOTION for Shawn P. George to Appear Pro Hac Vice by Blackjewel Marketing and Sales Holdings, LP ( Filing fee $125; receipt number 0643-4479784) ; Error: the pleading was scanned instead of converted into PDF format directly from the native word application. Use a scanner ONLY if you cannot electronically prepare your documents with a word processing software package and convert them to PDF format. No further action required by counsel. cc: COR (KJA)
October 2, 2019 Filing 25 MINUTE ENTRY ORDER FOR TELEPHONIC MOTION HEARING before Judge Claria Horn Boom: 1. The Plaintiffs Motion to Set a Date for a Preliminary Injunction [R. 22] is DENIED as moot in light of Defendant Blackjewel L.L.C.s stipulation in the Bankruptcy Court that the coal will not be moved until either a ruling by the Bankruptcy Court on its pending motions and further orders from this Court, or settlement among the parties.2. This matter is scheduled for a Telephonic Status Conference on Wednesday, October 9, 2019 at 3:30 p.m. in Lexington. The parties are to call 888-363-4735. When prompted, enter the participant access code, 9522526. Counsel should dial in five minutes before the conference is scheduled to begin.( TELEPHONE CONFERENCE set for 10/9/2019 at 03:30 PM in LEXINGTON before Judge Claria Horn Boom.). (Tape #KYED-LEX__6-19-CV-207-CHB_20191002_103643.) (KJA)cc: COR, Lexington Diary
October 2, 2019 Filing 24 MOTION for Shawn P. George to Appear Pro Hac Vice by Blackjewel Marketing and Sales Holdings, LP ( Filing fee $125; receipt number 0643-4479784) (Attachments: #1 Exhibit Certificate of Good Standing, #2 Exhibit Declaration, #3 Proposed Order)(Ams, Jason)
September 27, 2019 Opinion or Order Filing 23 ORDER re #22 MOTION Styled The Acting Secretary's Motion to Set a Date for a Preliminary Injunction Hearing re #2 MOTION for Temporary Restraining Order by Patrick Pizzella : A TELEPHONIC MOTION HEARING to discuss the pending motion is set for 10/2/2019 at10:30 AM in LEXINGTON before Judge Claria Horn Boom. The parties are to call 888-363-4735. When prompted, enter the participant access code, 9522526. Counsel should dial in five minutes before the conference is scheduled to begin. Signed by Judge Claria Horn Boom on 9/27/19.(SYD)cc: COR, Lex. Diary
September 23, 2019 Filing 22 MOTION Styled The Acting Secretary's Motion to Set a Date for a Preliminary Injunction Hearing re #2 MOTION for Temporary Restraining Order by Patrick Pizzella MOTION for Preliminary Injunction by Patrick Pizzella by Patrick Pizzella (Attachments: #1 Proposed Order)(Motzny, Thomas) Modified motion text to further describe on 9/24/2019 (KJA).
September 13, 2019 Opinion or Order Filing 21 ORDER re #16 MOTION for Extension by Patrick Pizzella of Temporary Restraining Order: This matter is before the Court on Plaintiff Patrick Pizzella, Acting Secretary of Labor's, Motion for an Extension of the Temporary Restraining Order [R. #16 ]. IT IS HEREBY ORDERED as follows: 1. The Temporary Restraining Order [R. #10 ] is EXTENDED up and through September 24, 2019 unless the Bankruptcy Court in the Southern District of West Virginia rules on these issues earlier than that date. Signed by Judge Claria Horn Boom on 09/13/2019.(MM)cc: COR
September 12, 2019 Opinion or Order Filing 20 ORDER GRANTING LEAVE TO APPEAR PRO HAC VICE re #18 MOTION for Scott A. Kane to Appear Pro Hac Vice by Blackjewel L.L.C.: IT IS HEREBY ORDERED as follows: 1. Scott A. Kane is granted leave to appear pro hac vice for Defendant Blackjewel L.L.C. in this action. 2. If during the pendency of this action, Scott A. Kane is disbarred, suspended from practice, is not in good standing with the Bar to which he is a member, or is subject to any other disciplinary action by any court, state, territory or the District of Columbia, he must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Claria Horn Boom on 09/12/2019.(MM)cc: COR, paper copy to Scott A. Kane w/ copy of Mandatory ECF General Order & ECF Registration form
September 12, 2019 BAR STATUS Check completed as to Scott A. Kane re #18 MOTION for Scott A. Kane to Appear Pro Hac Vice by Blackjewel L.L.C. ( Filing fee $125; receipt number 0643-4462456). (MM)
September 12, 2019 Opinion or Order Filing 19 ORDER GRANTING LEAVE TO APPEAR PRO HAC VICE re #15 CORRECTED MOTION for Stephen D. Lerner to Appear Pro Hac Vice by Blackjewel L.L.C.: IT IS HEREBY ORDERED as follows: 1. Stephen D. Lerner is granted leave to appear pro hac vice for Defendant Blackjewel L.L.C. in this action. 2. If during the pendency of this action, Stephen D. Lerner is disbarred, suspended from practice, is not in good standing with the Bar to which he is a member, or is subject to any other disciplinary action by any court, state, territory or the District of Columbia, he must immediately notify the Court and provide information necessary for the Court to evaluate whether continued admission in this case is appropriate. Signed by Judge Claria Horn Boom on 09/12/2019.(MM)cc: COR, paper copy to Stephen D. Lerner w/ copy of Mandatory ECF General Order & ECF Registration form
September 11, 2019 Filing 18 MOTION for Scott A. Kane to Appear Pro Hac Vice by Blackjewel L.L.C. ( Filing fee $125; receipt number 0643-4462456) (Attachments: #1 Exhibit A - Declaration of Scott A. Kane, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Proposed Order)(Czernin, Felix)
September 10, 2019 Opinion or Order Filing 17 ORDER FOR EXPEDITED BRIEFING: This matter is before the Court on Plaintiff Patrick Pizzella, Acting Secretary of Labor's, Motion for an Extension of the Temporary Restraining Order [R. #16 ]. IT IS HEREBY ORDERED as follows: 1. The response deadline to Plaintiff's Motion for an Extension of the Temporary Restraining Order [R. #16 ] SHALL BE EXPEDITED. Defendant Blackjewel Marketing and Sales Holdings, LP's (BJMS) response shall be filed no later than close of business on Thursday, September 12, 2019. If no response is filed by that date, the Court will consider the lack of any response being filed as Defendant BJMS having no objection, and the matter will then stand submitted to the Court. Should a reply be necessary, Plaintiff's reply shall be filed no later than two (2) days following the filing of Defendant's response. Signed by Judge Claria Horn Boom on 09/10/2019.(MM)cc: COR
September 10, 2019 ***FILE SUBMITTED TO CHAMBERS of Claria Horn Boom for review: #16 MOTION for Extension by Patrick Pizzella of Temporary Restraining Order (RBB)
September 10, 2019 ***MOTION SUBMITTED TO CHAMBERS of Claria Horn Boom for review: re #15 CORRECTED MOTION for Stephen D. Lerner to Appear Pro Hac Vice by Blackjewel L.L.C. (Filing fee $125; receipt number 0643-4459498) (RBB)
September 9, 2019 Filing 16 MOTION for Extension by Patrick Pizzella of Temporary Restraining Order (Attachments: #1 Proposed Order)(Motzny, Thomas) Modified to further describe document on 9/10/2019 (RBB).
September 9, 2019 Filing 15 CORRECTED MOTION for Stephen D. Lerner to Appear Pro Hac Vice by Blackjewel L.L.C. ( Filing fee $125; receipt number 0643-4459498) (Attachments: #1 Exhibit A - Declaration of Stephen D. Lerner, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Proposed Order)(Czernin, Felix)
September 9, 2019 Opinion or Order Filing 14 ORDER DENYING MOTION TO APPEAR PRO HAC VICE: 1. Defendant Blackjewel, L.L.C.s Motion for Stephen D. Lerner to Appear Pro Hac Vice [R. #12 ] is DENIED WITHOUT PREJUDICE. Defendant Blackjewel, L.L.C. may refile its Motion for Admission Pro Hac Vice in conformance with the local rules. Signed by Judge Claria Horn Boom on 09/09/2019.(KJA)cc: COR - Stephen D. Lerner and Scott A. Kane via US Mail
September 6, 2019 Filing 13 FRCP 7.1 DISCLOSURE STATEMENT by Blackjewel Marketing and Sales Holdings, LP identifying Corporate Parent Blackjewel, L.L.C.,, Corporate Parent Javelin Global Commodities (US) LP, Corporate Parent Uniper Global Commodities North America LLC for Blackjewel Marketing and Sales Holdings, LP.. (Ams, Jason)
September 6, 2019 ***FILE SUBMITTED TO CHAMBERS of Claria Horn Boom for review: #12 MOTION for Stephen D. Lerner to Appear Pro Hac Vice by Blackjewel L.L.C. ( Filing fee $125; receipt number 0643-4457164) (RBB)
September 6, 2019 BAR STATUS Check completed as to Stephen D. Lerner re #12 MOTION for Stephen D. Lerner to Appear Pro Hac Vice by Blackjewel L.L.C. (Filing fee $125; receipt number 0643-4457164). (RBB)
September 5, 2019 Filing 12 MOTION for Stephen D. Lerner to Appear Pro Hac Vice by Blackjewel L.L.C. ( Filing fee $125; receipt number 0643-4457164) (Attachments: #1 Exhibit A - Declaration of Stephen D. Lerner, #2 Exhibit B - Certificate of Good Standing, #3 Exhibit C - Proposed Order)(Czernin, Felix)
August 28, 2019 Attorney Update. Attorney Stephen D. Lerner,Scott A. Kane for Blackjewel L.L.C.,Chris Dickerson,Shawn P. George for Blackjewel Marketing and Sales Holdings, LP added. (SYD)
August 27, 2019 Filing 11 MINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 8/27/2019 before Judge Claria Horn Boom: 1. Attorneys not currently admitted to practice before the Eastern District of Kentucky, Scott D. Lerner, Scott A. Kane, Chris Dickerson, Shawn P. George, shall file Motions to Appear Pro Hac Vice as soon as possible. The Court allows limited representation during this hearing pending the pro hac vice applications. 2. The Plaintiff's Motion for Temporary Restraining Order and Preliminary [R. #2 is GRANTED, in part, and DENIED, in part. The motion as to the temporary restraining order is GRANTED. A separate order shall issue. (Tape #KYED-LEX__6-19-CV-207-CHB_20190827_132042.) (SYD)cc: COR
August 27, 2019 Opinion or Order Filing 10 ORDER GRANTING TEMPORARY RESTRAINING ORDER re #2 MOTION for Temporary Restraining Order by Patrick Pizzella MOTION for Preliminary Injunction by Patrick Pizzella filed by Patrick Pizzella: 1. Plaintiffs Motion for a Temporary Restraining Order and Preliminary Injunction [R. 2] is GRANTED in part. 2. Defendant Blackjewel L.L.C. and Defendant Blackjewel Marketing and Sales Holdings, LP and their agents, servants, employees and all persons acting in concert and participation with them, hereby are TEMPORARILY ENJOINED from transporting, offering for transportation, shipping, delivering, or selling in commerce, or shipping, delivering or selling with knowledge that shipment or delivery or sale thereof in commerce is intended, certain goods (that is, coal) located in Harlan County, Kentucky, which were produced in violation of Section 6 or 7 of the Act. 3. Per Federal Rule of Civil Procedure 65(c), Plaintiff Patrick Pizzella, Acting Secretary of Labor, is not required to give security. 4. This Temporary Restraining Order is effective as of 5:30 p.m. on August 27, 2019 and will expire on the earlier of a ruling by the Bankruptcy Court in the Southern District of Western Virginia concerning its upcoming evidentiary hearing, or fourteen (14) days from its entry in accordance with Federal Rule of Civil Procedure 65(b)(2) unless extended by subsequent order.. Signed by Judge Claria Horn Boom on 8/27/2019.(JMB)cc: COR
August 26, 2019 Filing 9 FRCP 7.1 DISCLOSURE STATEMENT by Blackjewel L.L.C. identifying Corporate Parent Blackjewel Holdings L.L.C. for Blackjewel L.L.C... (Czernin, Felix)
August 26, 2019 Filing 8 NOTICE OF APPEARANCE by Blackjewel L.L.C.. (Czernin, Felix)
August 26, 2019 Opinion or Order Filing 7 ORDER: This matter is before the Court on Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction [R. #2 ]. IT IS HEREBY ORDERED as follows: 1. A Telephonic Conference to discuss the pending motion is SET for Tuesday, August 27, 2019 at the hour of 1:30 p.m. ( TELEPHONE CONFERENCE set for 8/27/2019 at 01:30 PM in LEXINGTON before Judge Claria Horn Boom.) Signed by Judge Claria Horn Boom on 8/26/2019.(RBB)cc: COR, Lexington Court Diary, Thomas J. Motzny (electronically w/ verification of receipt) NOTE: Atty Motzny advised docket clerk that he has mailed his Attorney Electronic Registration Form. Modified on 8/27/2019 (RBB).
August 23, 2019 Filing 6 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Felix M. Czernin. #5 RESPONSE has been filed by Blackjewel L.L.C. 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 (KJA) Modified text to remove Blackjewel Marketing and Sales Holdings, LP on 8/27/2019 (KJA).
August 23, 2019 ***FILE SUBMITTED TO CHAMBERS of Claria Horn Boom for review: #5 RESPONSE (MRS)
August 23, 2019 Filing 5 RESPONSE to #1 , #2 (Preliminary) filed by Blackjewel L.L.C., Blackjewel Marketing and Sales Holdings, LP. (Czernin, Felix)
August 23, 2019 ***MOTION SUBMITTED TO CHAMBERS of Claria Horn Boom for review: re #2 MOTION for Temporary Restraining Order by Patrick Pizzella - Acting Secretary of Labor, United States Department of Labor AND MOTION for Preliminary Injunction by Patrick Pizzella - Acting Secretary of Labor, United States Department of Labor (MRS)
August 22, 2019 Conflict Check run. (MM)
August 22, 2019 Filing 4 Summons Issued as to Blackjewel L.L.C., Blackjewel Marketing and Sales Holdings, LP; Summons issued and returned to counsel electronically (Attachments: #1 Summons Blackjewel L.L.C.)(MM)
August 22, 2019 Filing 2 MOTION for Temporary Restraining Order by Patrick Pizzella - Acting Secretary of Labor, United States Department of Labor, AND MOTION for Preliminary Injunction by Patrick Pizzella - Acting Secretary of Labor, United States Department of Labor (Attachments: #1 Memorandum in Support, #2 Exhibit A - Martinez Declaration, #3 Proposed Order TRO, #4 Proposed Order Preliminary Injunction)(MRS) Modified text on 8/23/2019 (MRS).
August 22, 2019 Filing 1 COMPLAINT, filed by Patrick Pizzella - Acting Secretary of Labor, United States Department of Labor. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet, #3 Summons Blackjewel L.L.C., #4 Summons BJMS, # (MM) Modified text on 8/23/2019 (MRS).

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Search for this case: Pizzella v. Blackjewel L.L.C. et al
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Defendant: Blackjewel L.L.C.
Represented By: Felix M. Czernin
Represented By: Stephen D. Lerner
Represented By: Scott A. Kane
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Defendant: Blackjewel Marketing and Sales Holdings, LP
Represented By: Sarah Elisabeth Laren
Represented By: Chris Dickerson
Represented By: Jason Trent Ams
Represented By: Shawn P. George
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Plaintiff: Patrick Pizzella
Represented By: Christian Peter Barber
Represented By: Thomas J. Motzny
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