HBKY, LLC v. Cuz Coal Company, LLC et al
Plaintiff: HBKY, LLC
Defendant: Cuz Coal Company, LLC, Moe Coal Company, LLC and JRL Coal, Inc.
Case Number: 6:2022cv00132
Filed: July 18, 2022
Court: US District Court for the Eastern District of Kentucky
Presiding Judge: Hanly A Ingram
Referring Judge: Robert E Wier
Nature of Suit: Other Fraud
Cause of Action: 28 U.S.C. § 1332 Diversity-Torts to Land
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 12, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 12, 2022 Filing 20 FRCP 7.1 DISCLOSURE STATEMENT by Moe Coal Company, LLC identifying Corporate Parent JRL Energy, Inc. for Moe Coal Company, LLC.. (Spurlock, Drayer)
September 12, 2022 Filing 19 FRCP 7.1 DISCLOSURE STATEMENT by Cuz Coal Company, LLC identifying Corporate Parent JRL Energy, Inc. for Cuz Coal Company, LLC.. (Spurlock, Drayer)
September 12, 2022 Filing 18 FRCP 7.1 DISCLOSURE STATEMENT by JRL Coal, Inc.. (Spurlock, Drayer)
September 12, 2022 Filing 17 MOTION to Dismiss for failure to state a claim by Cuz Coal Company, LLC, JRL Coal, Inc., Moe Coal Company, LLC (Attachments: #1 Memorandum in Support granting motion to dismiss, #2 Exhibit Exhibit 1 - Exhibit B to Plaintiff's Mortgage, #3 Exhibit Exhibit 2 - underlying promissory notes)(Spurlock, Drayer)
August 29, 2022 Filing 16 NOTICE by HBKY, LLC Amended Notice of Substitution of Counsel (Mitchell, Greg)
August 29, 2022 Opinion or Order Filing 15 ORDER re #14 Notice filed by HBKY, LLC: Accordingly, IT IS HEREBY ORDERED THAT the requested substitution is DENIED WITHOUT PREJUDICE to the submission of a compliant notice. Signed by Magistrate Judge Hanly A. Ingram on 8/29/2022.(MM)cc: COR
August 29, 2022 Attorney Update. Attorney Greg E. Mitchell for HBKY, LLC added. Attorney M. Tyler Powell terminated. (MM)
August 26, 2022 Filing 14 NOTICE by HBKY, LLC of Substitution of Counsel (Mitchell, Greg)
August 24, 2022 Opinion or Order Filing 13 ORDER re #12 Proposed Agreed Order: IT IS HEREBY ORDERED, AGREED, AND ADJUDGED that the JRL Defendantsshall have an extension of time to and until September 12, 2022 to answer or otherwise respondto the Complaint. Signed by Magistrate Judge Hanly A. Ingram on 8/24/2022. (MM)cc: COR
August 23, 2022 Filing 12 Proposed Agreed Order Extending Time to Answer or Otherwise Plead by Cuz Coal Company, LLC, JRL Coal, Inc., Moe Coal Company, LLC. (Spurlock, Drayer)
August 15, 2022 Opinion or Order Filing 11 ORDER FOR MEETING AND REPORT: (1) Within 21 day, the parties, by counsel, shall meet either in person or by telephone to consider Rule 26(f)(2) topics. (2) Within 14 days of the meeting, the parties shall file a joint status report containing: a-e. Signed by Magistrate Judge Hanly A. Ingram on 8/15/2022. (Attachments: #1 Consent to Proceed Before Magistrate Judge)(APR)cc: COR
August 3, 2022 Opinion or Order Filing 10 ORDER re #7 Motion for leave to Seal Document: 1. Plaintiff's motion for leave to file under seal is GRANTED. 2. Each of the Documents shall be treated as a "Sealed Document" pursuant to Local Rule 5.6(b)(2). Plaintiff may file the Documents in the record, but Plaintiff shall file the Documents under seal. Signed by Magistrate Judge Hanly A. Ingram on 8/3/2022. (MM)cc: COR
August 3, 2022 Opinion or Order Filing 9 AGREED ORDER EXTENDING TIME TO ANSWER OR RESPOND TO PLAINTIFF'SCOMPLAINT FOR JRL COAL, INC., CUZ COAL COMPANY, LLC AND MOE COALCOMPANY, LLC: IT IS HEREBY ORDERED, AGREED, AND ADJUDGED that the JRL Defendantsshall have an extension of time to and until August 31, 2022 to answer or otherwise respond to the Complaint. Signed by Magistrate Judge Hanly A. Ingram on 8/3/2022. (MM)cc: COR
August 2, 2022 Filing 8 SEALED DOCUMENT Sealed pursuant to MOTION TO SEAL re #7 MOTION for leave to Seal a Document by HBKY, LLC by HBKY, LLC (Attachments: #1 Exhibit) (Powell, M.)
August 2, 2022 Filing 7 MOTION for leave to Seal a Document by HBKY, LLC Motions referred to Hanly A. Ingram. (Attachments: #1 Proposed Order)(Powell, M.)
August 2, 2022 Filing 6 Proposed Agreed Order Extending Time for JRL Coal, Inc. Cuz Coal Company, LLC, and Moe Coal Company, LLC to Answer or Respond to the Complaint by HBKY, LLC. (Powell, M.)
July 19, 2022 Opinion or Order Filing 5 STANDING CASE MANAGEMENT AND REFERRAL ORDER: 1. At the outset, the Court reminds the parties that, under Rule 1, they share with the Court the duty to construe, administer, and employ the Federal Rules of Civil Procedure to secure the just, speedy, and inexpensive determination of this action; 2. Pursuant to 28:636(b)(1) and Fed. R. Civ. P. 72, the Court refers this case to the appropriate United States Magistrate Judge for this Division; 3. Unless otherwise ordered, the Court retains for decision any motion dispositive of a claim or defense (as well as motions regulating the trial proof, including Daubert and motions in limine); 4. Concurrent with the filing of any Rule 12 motion, the moving party may file, as a separate motion, any request for a discovery stay pending resolution. The Court refers consideration of any such motion to the assigned Magistrate Judge; 5. Discovery Disputes shall be resolved as defined within this order; The Court DIRECTS the Clerk to enter this Standing Order in the undersigned's civil cases excepting Social Security, pro se, and prisoner post-conviction matters at case opening (or as the Court otherwise directs). Signed by Judge Robert E. Wier on 11/13/2019.(APR)cc: COR
July 19, 2022 Conflict Check run. (APR)
July 18, 2022 Filing 3 Summons Issued as to Cuz Coal Company, LLC, JRL Coal, Inc., Moe Coal Company, LLC; Summons issued and returned to counsel electronically (Attachments: #1 Summons - JRL Coal, Inc., #2 Summons - Moe Coal Company, LLC)(APR)
July 18, 2022 Filing 2 FRCP 7.1 DISCLOSURE STATEMENT by HBKY, LLC identifying Corporate Parent Senior Health Insurance Company of Pennsylvania for HBKY, LLC. (APR)
July 18, 2022 Filing 1 COMPLAINT ( Filing fee $402; receipt number AKYEDC-5314641), filed by HBKY, LLC. (Attachments: #1 Exhibit 1 -- Harlan MB 442 p345, #2 Exhibit 2 -- Consent Judgment, #3 Exhibit 3 -- Assignment Agreement, #4 Exhibit 4 -- Master Collateral Agency Assignment Agreement, #5 Exhibit 5 -- Harlan MB 478 p 551, FF17 P 192, #6 Exhibit 6 -- Assignment Agreement dated 05-19-21, #7 Exhibit 7 -- Master Collateral Agency Assignment Agreement dated 05-19-21, #8 Exhibit 8 -- Harlan MB 478 p 557, FF 17P198, #9 Exhibit 9 -- Harlan LB 50 p 511, LB 50 p 546, #10 Exhibit 10 - Placeholder for Sealed Exhibit, #11 Exhibit 11 - Placeholder for Sealed Exhibit, #12 Exhibit 12-- Master Amendment Agreement, #13 Exhibit 13 -- Unmined Mineral Taxes, #14 Summons to CUZ COAL COMPANY, LLC, #15 Summons to JRL COAL, INC., #16 Summons to MOE COAL COMPANY, LLC, #17 Civil Cover Sheet)(APR)

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Plaintiff: HBKY, LLC
Represented By: M. Tyler Powell
Represented By: Peter Matthew Cummins
Represented By: Greg E. Mitchell
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Defendant: Cuz Coal Company, LLC
Represented By: Drayer B. Spurlock
Represented By: Gary W. Napier
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Defendant: Moe Coal Company, LLC
Represented By: Drayer B. Spurlock
Represented By: Gary W. Napier
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Defendant: JRL Coal, Inc.
Represented By: Drayer B. Spurlock
Represented By: Gary W. Napier
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