Hazard Coal Corporation v. American Resources Corporation et al
| Hazard Coal Corporation |
| Perry County Resources LLC and American Resources Corporation |
| 6:2020cv00010 |
| January 17, 2020 |
| US District Court for the Eastern District of Kentucky |
| Claria Horn Boom |
| Hanly A Ingram |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
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Filing 20
ORDER: This case has been referred to the undersigned to resolve all non-dispositive pretrial motions, manage discovery (including discovery disputes) and pretrial scheduling issues, conduct a mid-discovery telephonic conference, and hold a settlement conference, if warranted. D.E. #19 at 7. The Court HEREBY ORDERS that a TELEPHONIC STATUS CONFERENCE SHALL occur on Friday, 5/22/2020 at 11:00 AM. The call will be off the record and for counsel only. To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing at 1-888-675-2535, to enter Access Code 8810053 (followed by #), and, when requested, enter the Security Code 2010 (followed by #). Signed by Magistrate Judge Hanly A. Ingram on 03/09/2020.(MM)cc: COR, Lon D
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Filing 19
SCHEDULING ORDER: 1) The following ddlns shall be observed: a) Initial disclosures by 3/18/2020. These need not be filed in the Court record; b) Discovery as follows: i. Fact Discovery by 8/31/2020; ii. Expert discovery nlt 8/31/2020; c. Supplementation per Rule 26(e) shall be due within thirty (30) days of the discovery of new information. Supplemental disclosures & responses need not be filed in the Court record; d. Motions to join addl parties or amend pleadings as follows: i. Pla nlt 5/31/2020; ii. Dft nlt 6/30/2020 e. Identity of expert witnesses & written reports: i. from Plas nlt 5/31/2020; ii. Dft 6/30/2020; These need not be filed in the Court record f. Dispositive motions 10/15/2020, w/response & reply time per Rule; g. Each party a maximum of 10 depositions, each deposition limited to a max of 7 hours unless extended by agreement of parties; h. Each party may serve a max of 65 interrogatories; i. Each party may serve a max of 65 document requests; j. Each party may serve a max of 65 request for admission; k. Conditions apply to discovery of electronically stored information; l. Any issue of privilege or work product disclosure should arise, the documents would be identified but not disclosed, pending ruling of the Court. 2. Parties to observe FRCivP 5(d) directives; 3. FINAL PRETRIAL CONFERENCE set for 3/2/2021 at 10:00 AM in LONDON before Judge Claria Horn Boom. 4. NLT 21 days prior to ptc, counsel file the following: a. wit & exh list; b. motions in limine; c. evid depos to be used at trial; d. pt memo; e. proposed agreed jury instructions; f. proposed voir dire questions for the Courts use, and a joint statement of the case that may be read to the jury panel during voir dire. 5. NLT 14 days before ptc: a. written objs; b. responses to motion in limine; c. responses to motion for ruling on obj; 6. At ptc, counsel be prepared to: a. make possible stipulations of admissibility; b. disclose demo or summary exhs; c. display all exhs to be used at trial; d. discuss possibility of settlement; e. advise Court of anticipated tech issues; 7. NLT 7 working days prior to trial counsel submit to Chambers a copy of each doc exh; 8. TRIAL BY JURY set for 4/6/2021 at 09:30 AM in LONDON before Judge Claria Horn Boom. Counsel present by 9:00 a.m. Anticipated length of trial is 3 days. 9. Referred to MJ Hanly A. Ingram to: a. resolve all non-dispositive motions; b. manage discovery; c. manage pt sched issues; d. Conduct mid-discovery telephonic conference; e. conduct settlement conference. 10. Discovery disputes as stated. 11. Modification of this schedule is unlikely & will occur only for good cause. Signed by Judge Claria Horn Boom on 03/06/2020.(MM)cc: COR, Lon D, Lon JC
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***FILE SUBMITTED TO CHAMBERS of Claria Horn Boom for review: #18 Report of Rule 26(f) Planning Meeting (MM)
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Filing 18
REPORT of Rule 26(f) Planning Meeting. (Logsdon, Douglas)
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Filing 17
ANSWER to #15 Amended Complaint, by American Resources Corporation, Perry County Resources LLC.(Shelton, Billy)
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Filing 16
FRCP 7.1 DISCLOSURE STATEMENT by Hazard Coal Corporation. (Cowles, Emily)
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Filing 15
AMENDED COMPLAINT against American Resources Corporation and Perry County Resources, LLC, filed by Hazard Coal Corporation. (Attachments: #1 Exhibit A-Lease, #2 Exhibit B-Verified Complaint, #3 Exhibit C-Notice)(Cowles, Emily) Modified filers on 2/5/2020 (RBB).
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Filing 14
ORDER FOR MEETING AND REPORT: 1) Parties meet within 21 days; 2) Within 14 days after the meeting, cnsl shall FILE a written report outlining the proposed discovery plan the report shall include information as defined within (a-o); 3) Any party required to file a disclosure statement pursuant to Federal Rule of Civil Procedure 7.1 that has not already done so, shall file same at the time of the parties' joint status report. Rule 26 Meeting Report due as stated within this order. Signed by Judge Claria Horn Boom on 01/29/2020. (Attachments: #1 MJ Consent Form)(MM)cc: COR
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Filing 13
ORDER GRANTING MOTION TO WITHDRAW MOTION FOR INJUNCTIVE RELIEF: This matter is before the Court on the Plaintiff's Motion to Withdraw its Motion for Injunctive Relief [R. #12 ]. The Court, having reviewed the Motion and being otherwise sufficiently advised, IT IS HEREBY ORDERED as follows: 1. Plaintiff's Motion to Withdraw its Motion for Injunctive Relief [R. #12 ] is GRANTED. 2. The briefing schedule associated with the Motion for Injunctive Relief [R. #10 ] is TERMINATED and the hearing set for February 4, 2020, is REMANDED from the Court's docket. 3. An Order for Meeting and Report shall be entered contemporaneously herewith. Signed by Judge Claria Horn Boom on 01/29/2020.(MM)cc: COR Modified text on 1/29/2020 (MM).
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Filing 12
MOTION to Withdraw MOTION for Preliminary Injunction by Hazard Coal Corporation, #11 Telephone Conference,,,, Set Deadlines,,, by Hazard Coal Corporation (Attachments: #1 Proposed Order Granting Withdraw)(Cowles, Emily)
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Filing 11
MINUTE ENTRY ORDER FOR TELEPHONE STATUS CONFERENCE held on 1/28/2020 before Judge Claria Horn Boom: This matter was called for a telephonic status conference with counsel present as noted. For the reasons stated on the record, counsel for Plaintiff advised the Court it wanted to withdraw its Motion for Injunctive Relief and proceed on the merits of its Complaint. The Court being otherwise sufficiently advised, IT IS HEREBY ORDERED as follows: 1. Plaintiff shall file a written motion to withdraw its Motion for Injunctive Relief by no later than mid-day on Wednesday, January 29, 2020. 2. Upon the filing of said motion, the Court will enter an order terminating the briefing schedule and hearing set for February 4, 2020 on the Motion for Injunctive Relief. (Court Reporter Kimberley Keene.) Signed by Claria Horn Boom. (MM)cc: COR
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Filing 10
MINUTE ENTRY ORDER FOR TELEPHONE STATUS CONFERENCE held on 1/24/2020 before Judge Claria Horn Boom: The Court conducted two telephonic status conferences on the Plaintiff's Motion for Injunctive Relief [R. #1 -1]. Mark Jensen and Thomas Sauve also appeared on the call as company representatives for American Resources Corporation. The parties advised the Court that they are working toward a resolution satisfactory to their respective clients. In the event that a resolution cannot be reached, the Plaintiff requested a briefing schedule. Accordingly, IT IS HEREBY ORDERED as follows: 1. TELEPHONE STATUS CONFERENCE set for 1/28/2020 at 1:00 PM 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. 2. The plaintiff shall file additional briefing to their Motion for Injunctive Relief on or before Thursday, January 30, 2020. 3. The defendants shall file any response brief on or before Monday, February 3, 2020. 4. This matter is scheduled for a MOTION HEARING set for 2/4/2020 at 2:00 PM in LONDON, Kentucky. (Tape #KYED-LEX__6-20-cv-10-CHB_20200124_101845 and KYED-LEX__6-20-CV-10-CHB_20200124_145046.) Signed by Claria Horn Boom. (MM)cc: COR, Lex Diary, Lon Diary
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***FILE SUBMITTED TO CHAMBERS of Judge Claria Horn Boom for review: #8 RESPONSE to 7 ORDER filed by American Resources Corporation, Perry County Resources LLC. (MM)
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Filing 9
REPLY to In Support of Motion For Injunctive Relief filed by Hazard Coal Corporation. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C)(Cowles, Emily)
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Filing 8
RESPONSE to #7 ORDER filed by American Resources Corporation, Perry County Resources LLC. (Shelton, Billy) Modified text on 1/24/2020 (MM).
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Filing 7
ORDER: This matter is before the Court on Plaintiff's Motion for Injunctive Relief [R. #1 -1 Page ID #: 4354]. The Complaint [R. #1 -1] lists American Resources Corporation (ARC) and Perry County Resources LLC (PCR) as defendants. Having reviewed the Motion and the Response, and the Court being otherwise sufficiently advised, IT IS HEREBY ORDERED as follows: 1. Perry County Resources LLC shall advise the Court of the citizenship of each of its members by the close of business on Thursday, January 23, 2020. 2. American Resources Corporation shall advise the Court of the state where it has its principal place of business by the close of business on Thursday, January 23, 2020. 3. If the Court is satisfied that it has jurisdiction, a TELEPHONE CONFERENCE on the Motion for Injunctive Relief [R. #1 -1] in this matter is SET for Friday, 1/24/2020 at the hour of 10:30 AM, before the Honorable Claria Horn Boom, United States District Judge. The parties are to call 888-363-4735, using access code 9522526. Please dial in a few minutes before the conference is scheduled to begin. Signed by Judge Claria Horn Boom on 01/22/2020.(MM)cc: COR, Lexington Diary
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Filing 6
RESPONSE in Opposition re MOTION for Preliminary Injunction by Hazard Coal Corporation filed by American Resources Corporation, Perry County Resources LLC. (Shelton, Billy)
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Filing 5
ANSWER to Complaint with Jury Demand by American Resources Corporation, Perry County Resources LLC.(Shelton, Billy)
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Filing 4
FRCP 7.1 DISCLOSURE STATEMENT by American Resources Corporation, Perry County Resources LLC. (Shelton, Billy)
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Filing 2
NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Billy R. Shelton. #1 Notice of Removal has been filed by American Resources Corporation and Perry County Resources 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 (MM)
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Filing 1
NOTICE OF REMOVAL from Perry Circuit Court, case number 20-CI-0026. ( Filing fee $400; receipt number 0643-4570810), filed by Perry County Resources LLC, American Resources Corporation. (Attachments: #1 Exhibit State Court Record)(MM)
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MOTION FOR INJUCTIVE RELIEF by Hazard Coal Corporation - Filed in State Court Record - See #1 (MM)
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Conflict Check run. (MM)
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***MOTION SUBMITTED TO CHAMBERS of Claria Horn Boom for review: re MOTION FOR INJUNCTIVE RELIEF by Hazard Coal Corporation (MM)
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