M.L. Johnson Family Properties, LLC v. Jewell
| M.L. Johnson Family Properties, LLC |
| Sally Jewell |
| Premier Elkhorn Coal Company |
| 7:2014cv00078 |
| May 14, 2014 |
| US District Court for the Eastern District of Kentucky |
| Pikeville Office |
| Pike |
| Amul R. Thapar |
| Other Statutory Actions |
| 28 U.S.C. ยง 2201 Declaratory Judgment |
| None |
Follow case documents by RSS
Available Case Documents
The following documents for this case are available for you to view or download:
| Document Text |
|---|
Filing
112
ORDER & OPINION: For reasons stated, the Court DENIES Johnson LLCs motion to further amend its Complaint DE 101 and GRANTS the Secretarys motion to dismiss Johnson LLCs First Amended Complaint. DE 83 . However, the parties still ha ve a right to request fees pursuant to 30 U.S.C. §1270(d). The Clerk shall therefore keep this matter on the Courts active docket. The parties shall have up to and including September 16, 2019 to file any motions for fees or costs under the relevant statute. Signed by Judge Karen K. Caldwell on 8/14/19.(MJY)cc: COR
|
|
Filing
35
MEMORANDUM OPINION & ORDER: (1) Plas motion for a preliminary injunction and a temporary restraining order, R. 5 , is GRANTED IN PART AND DENIED IN PART. (2) Secretary SHALL IMMEDIATELY INSPECT Elkhorn's mining operation on plas p arcel, as required by 30 U.S.C. § 1271(a)(1). After Secretary completes inspection, she SHALL REPORT to Court whether she plans to take further action. (3) Plas motion for a preliminary injunction, ordering Elkhorn to cease mining plas p arcel during pendency of Secretary's inspection is GRANTED. Secretary can evaluate whether to order cessation after inspection. If pla believes she has illegally refused to order cessation, then it may move for a temporary restraining ord er or a new injunction. Elkhorn SHALL IMMEDIATELY CEASE surface mining operations on plas parcel until Secretary completes her inspection and decides whether to take further action. (4) Plaintiff need not post a bond in this matter. (5) Plas r equest for a temporary restraining order is DENIED AS MOOT. (6) Plas request that Court compel Secretary to issue a cessation order under 30 U.S.C. § 1270(a)(2) is DENIED WITHOUT PREJUDICE. Court will reconsider motion, if necessary, after Secretary completes her inspection. (7) This Order is immediately appealable. Signed by Judge Amul R. Thapar on 6/13/2014. (TDA)cc: COR
|
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Kentucky Eastern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
