Midway Resources LLC v. American Resources Corporation et al
| Midway Resources LLC |
| CMK Resources, Inc., Joel Stanley, R. Rex Frohnapfel, Mccoy Elkhorn Coal LLC, Mark Jensen, American Resources Corporation and Adam Jensen |
| Quest Energy Inc. and Deane Mining LLC |
| Colin Fultz and Jimmy Keith Hall |
| 7:2019cv00008 |
| January 22, 2019 |
| US District Court for the Eastern District of Kentucky |
| Robert E Wier |
| Contract: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on February 28, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #29 REPLY (MJY) |
| Filing 29 REPLY to #25 Plaintiff Midway Resources, LLC's Response in Opposition of Removal filed by American Resources Corporation(IN Corporation), American Resources Corporation(FL Corporation), Deane Mining LLC, R. Rex Frohnapfel, Adam Jensen, Mark Jensen, Quest Energy Inc.. (Hancock, Thomas) |
| ***MOTION SUBMITTED TO CHAMBERS of Robert E. Wier for review: re #7 MOTION to Dismiss by R. Rex Frohnapfel. (MJY) |
| Filing 28 REPLY to Response to Motion re #7 MOTION to Dismiss by R. Rex Frohnapfel filed by R. Rex Frohnapfel. (Hancock, Thomas) |
| Filing 27 Mail Returned as Undeliverable. Mail sent to Joel Stanley re #19 Order. (MJY) |
| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #25 Response to Order to Show Cause (MJY) |
Filing 26
ORDER: Pursuant to Plaf's Rule 41(a)(1)(A)(i) Notice of Voluntary Dismissal (DE #24 ), the Clerk properly terminated Defendant McCoy Elkhorn Coal, LLC. Accordingly, as McCoy Elkhorn is no longer a party to the action, the Court DIRECTS the Clerk to administratively terminate its pending Motion to Dismiss (DE #6 ) as MOOT. Signed by Judge Robert E. Wier on 2/20/19.(MJY)cc: COR Modified file date on 2/21/2019 (MJY).
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| NOTICE OF DOCKET MODIFICATION TO ALL COUNSEL OF RECORD re #26 Order, Error: incorrect file date entered; Entry by Clerk; Correction: file date changed from 02/21/2019 to 02/20/2019; no further action required by counsel. cc: COR (MJY) |
| Filing 25 RESPONSE TO ORDER TO SHOW CAUSE by Midway Resources LLC #19 Substantive Response in Opposition filed by Midway Resources LLC. (Barrera, Elizabeth) |
| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #24 Notice of Voluntary Dismissal. (MJY) |
| Party Mccoy Elkhorn Coal LLC terminated, pursuant to DE #24. (TDA) |
| Filing 24 NOTICE of Voluntary Dismissal by Midway Resources LLC (Barrera, Elizabeth) |
| Filing 23 RESPONSE in Opposition re #7 MOTION to Dismiss by R. Rex Frohnapfel filed by Midway Resources LLC. (Barrera, Elizabeth) |
| Filing 22 FRCP 7.1 DISCLOSURE STATEMENT: stating 1. Midway Resources is a member-managed limited liability company and the sole member is immy Keith Hall. 2. No other publicly held corporation or other publicly held entity has an interest in Midway Resources, by Midway Resources LLC. (Maclin, Robert) Modified on 2/19/2019 (MJY). |
| Filing 21 ANSWER to #9 Answer to Complaint,, Third Party Complaint,, Crossclaim,, Counterclaim, , ANSWER to #9 Answer to Complaint,, Third Party Complaint,, Crossclaim,, Counterclaim, by Midway Resources LLC. (Attachments: #1 Exhibit Exhibit A)(Maclin, Robert) |
| Filing 20 NOTICE OF APPEARANCE by Midway Resources LLC. (Maclin, Robert) |
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Filing 19
ORDER The Court DISCHARGES DE #5 as satisfied. To develop the record on the fraudulent joinder issue and, ultimately, assess the propriety of removal, the Court further ORDERS Plaf to substantively respond to Dfts argument on the subject no later than February 20, 2019. Dfts SHALL reply to that filing no later than February 25, 2019. The jurisdictional question will then stand submitted. Signed by Judge Robert E. Wier on 02/13/19.(MJY)cc: COR, J. Tyler Ward, II, CMK Resources & Joel Stanley via US Mail. Modified text on 2/13/2019 (MJY).
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| Filing 18 Mail Returned as Undeliverable. Mail sent to Joel Stanley re #5 Order to Show Cause. (MJY) |
| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #12 Response to Order to Show Cause, (MJY) |
| Filing 17 FRCP 7.1 DISCLOSURE STATEMENT by Mccoy Elkhorn Coal LLC. (Hancock, Thomas) |
| Filing 16 FRCP 7.1 DISCLOSURE STATEMENT by Deane Mining LLC. (Hancock, Thomas) |
| Filing 15 FRCP 7.1 DISCLOSURE STATEMENT by Quest Energy Inc.. (Hancock, Thomas) |
| Filing 14 FRCP 7.1 DISCLOSURE STATEMENT by American Resources Corporation(IN Corporation). (Hancock, Thomas) |
| Filing 13 FRCP 7.1 DISCLOSURE STATEMENT by American Resources Corporation(FL Corporation). (Hancock, Thomas) |
| Filing 12 RESPONSE TO ORDER TO SHOW CAUSE by American Resources Corporation(IN Corporation), American Resources Corporation(FL Corporation), Deane Mining LLC, R. Rex Frohnapfel, Adam Jensen, Mark Jensen, Mccoy Elkhorn Coal LLC, Quest Energy Inc. filed by American Resources Corporation(IN Corporation), American Resources Corporation(FL Corporation), Deane Mining LLC, R. Rex Frohnapfel, Adam Jensen, Mark Jensen, Mccoy Elkhorn Coal LLC, Quest Energy Inc.. (Hancock, Thomas) |
| Filing 11 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Thomas Michael Hancock. #6 MOTION to Dismiss by Mccoy Elkhorn Coal LLC, #9 Answer to Complaint, Third Party Complaint,, Crossclaim,, Counterclaim, #10 Answer to Complaint, Crossclaim has been filed by American Resources Corporation, IN Corporation; American Resources Corporation, IN Corporation; Quest Energy Inc.; Deane Mining LLC; Mccoy Elkhorn Coal 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 (MJY) |
| ***FILE SUBMITTED TO CHAMBERS of Robert E. Wier for review: #8 Answer to Complaint, Crossclaim, #10 Answer to Complaint, Crossclaim, #9 Answer to Complaint,, Third Party Complaint,, Crossclaim,, Counterclaim. (MJY) |
| Filing 10 ANSWER to Complaint , CROSSCLAIM against CMK Resources, Inc., Joel Stanley(Individually) by American Resources Corporation(IN Corporation), American Resources Corporation(FL Corporation).(Hancock, Thomas) |
| Filing 9 ANSWER to Complaint , THIRD PARTY COMPLAINT against Midway Resources LLC, CROSSCLAIM against CMK Resources, Inc., Joel Stanley, COUNTERCLAIM against Midway Resources LLC by Quest Energy Inc., Deane Mining LLC.(Hancock, Thomas) |
| Filing 8 ANSWER to Complaint with Jury Demand , CROSSCLAIM against CMK Resources, Inc., Joel Stanley by Mark Jensen, Adam Jensen.(Hancock, Thomas) |
| Filing 7 MOTION to Dismiss by R. Rex Frohnapfel (Attachments: #1 Proposed Order)(Hancock, Thomas) |
| Filing 6 MOTION to Dismiss by Mccoy Elkhorn Coal LLC (Attachments: #1 Proposed Order)(Hancock, Thomas) |
|
Filing 5
ORDER: Dfts to SHOW CAUSE why it should not remand this matter to the Letcher Circuit for lack of complete diversity no later than February 4, 2019. If Dfts satisfactorily allege the existence of complete diversity by that date, the Court will address (and likely request briefing on) the possible fraudulent joinder issue identified in the Notice of Removal. Signed by Judge Robert E. Wier on 1/28/19.(MJY) cc: COR, Joel Stanley, CMK Resources & J. Tyler Ward via US Mail. Modified text on 1/28/2019 (MJY).
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| Filing 4 NOTICE TO ATTORNEY J. Tyler Ward, II by Clerk re: L.R. 83 - Attorney Admission procedure w/a copy of L.R. 83 and Attorney Admission Application (Attachments: #1 Attorney Data Form)(MJY) |
| ANSWER to Complaint by Joel Stanley, Pro Se. (NOTE: State Court Pleading, see DE #1 for pdf document.)(MJY) |
| Filing 3 NOTICE OF DEFICIENCY RE: FAILURE TO FILE FRCP 7.1 DISCLOSURES to counsel of record, Thomas M. Hancock. #1 Notice of Removal, has been filed by Midway 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 (MJY) |
| Filing 1 NOTICE OF REMOVAL from Letcher County Court, case number 18-CI-307. ( Filing fee $400; receipt number 0643-4265918), filed by R. Rex Frohnapfel, American Resources Corporation(IN Corporation), Mark Jensen, American Resources Corporation(FL Corporation), Quest Energy Inc., Deane Mining LLC, Mccoy Elkhorn Coal LLC, Adam Jensen. (Attachments: #1 Exhibit A - docket & process pleadings in State Court, #2 Exhibit B - State Court Complaint, #3 Exhibit C - Affidavit of Thomas Hancock)(MJY) Modified text & filer on 1/23/2019 (MJY). |
| Conflict Check run. (MJY) |
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