Combs et al v. Consol Energy, Inc. et al
| Etta Combs, Eddie Collins and Brenda Collins |
| Consol Energy, Inc., Consol of Kentucky, LLC, Kentucky Fuel Corporation, Dave Smith and Consolidation Coal Company |
| 7:2023cv00045 |
| May 30, 2023 |
| US District Court for the Eastern District of Kentucky |
| Edward B Atkins |
| Robert E Wier |
| Torts to Land |
| 28 U.S.C. § 1441 Petition for Removal- Property Damage |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on August 18, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 12 REPORT AND RECOMMENDATION: The undersigned RECOMMENDS that Plas motion to remand (R. #6 ) be GRANTED and their request for attorney's fees (R. #6 ) be DENIED. Objections must be filed w/in 14 days. A party may file a response to another party's objections w/in 14 days after being served. Signed by Magistrate Judge Edward B. Atkins on 7/27/2023. (TDA) cc: COR |
| NOTICE OF DOCKET MODIFICATION TO ADAM COLLINS re #11 REPLY: Entry by attorney; Error: a link was created to the Response instead of the Motion; Clerk modified the entry to create a link to the Motion, thereby placing the reply on the Judges motion report. In the future, create a link to the subject motion. The appropriate event is Reply to Response to Motion. No further action required by counsel. cc: COR (TDA) |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #6 MOTION to Remand to State Court and MOTION for Attorney Fees by Etta Combs, Eddie Collins, Brenda Collins. (TDA) |
| Filing 11 REPLY to #6 MOTION to Remand and MOTION for Attorney Fees filed by Etta Combs. (Collins, Adam) Modified link & text on 6/27/2023 (TDA). |
| ***MOTION SUBMITTED TO CHAMBERS of Judge Wier for review: re #3 MOTION to Dismiss Plaintiffs' Claims Against Dave Smith by Consol Energy, Inc., Consol of Kentucky, LLC, Dave Smith. (TDA) |
| Filing 10 REPLY to #3 , #8 In Support of Motion to Dismiss filed by Consol Energy, Inc., Consol of Kentucky, LLC, Dave Smith. (Egan, Connor) |
| Filing 9 RESPONSE in Opposition re #6 MOTION to Remand to State Court by Etta Combs, Eddie Collins, Brenda Collins MOTION for Attorney Fees filed by Consol Energy, Inc., Consol of Kentucky, LLC, Dave Smith. (Attachments: #1 Exhibit 1 - Supplemental Affidavit of Dave Smith)(Egan, Connor) |
| Filing 8 RESPONSE to #3 filed by Etta Combs. (Collins, Adam) |
| Filing 7 NOTICE OF FILING by Etta Combs re #6 MOTION to Remand to State Court by Etta Combs (Collins, Adam) |
| Filing 6 MOTION to Remand and for Award of Costs and Attorney Fees Pursuant to 23 U.S.C. 1447(C) by Etta Combs, Eddie Collins, Brenda Collins (Collins, Adam). Added MOTION for Attorney Fees on 6/2/2023 (RCB). (Additional attachment(s) added on 6/2/2023: #1 Proposed Order Remanding, #2 Proposed Order Awarding Costs and Attorney Fees) (RCB). |
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. (RCB)cc: COR
|
| Filing 3 MOTION to Dismiss for failure to state a claim by Consol Energy, Inc., Consol of Kentucky, LLC, Dave Smith Motion to Dismiss Plaintiffs' Claims Against Smith (Attachments: #1 Memorandum in Support Memorandum in Support of Motion to Dismiss Smith, #2 Exhibit Exhibit 1 - Affidavit of Smith, #3 Exhibit Exhibit 2 - Collins Responses to Discovery, #4 Exhibit Exhibit 3 - Combs Responses to Discovery, #5 Exhibit Exhibit 4 - PVA Reports, #6 Proposed Order Proposed Order of Dismissal)(Egan, Connor) |
| Conflict Check run. (RCB) |
| Filing 4 FRCP 7.1 DISCLOSURE STATEMENT by Consol Energy, Inc., Consol of Kentucky, LLC. (RCB) |
| Filing 1 NOTICE OF REMOVAL from Knott Circuit Court, case number 23-CI-21, filed by Consol of Kentucky, LLC, Dave Smith, Consol Energy, Inc. (Filing fee $402; receipt number AKYEDC-5566761) (Attachments: #1 Exhibit A - State Court Pleadings, #2 Exhibit B - Memorandum in Support, #3 Exhibit C - KY Fuel Consent to Removal, #4 Civil Cover Sheet)(RCB) |
| ANSWER to Complaint by Consol Energy, Inc., Consol of Kentucky, LLC, Dave Smith. Filed in State Court Record - See DE #1 for pdf. (RCB) |
| ANSWER to Complaint by Kentucky Fuel Corporation. Filed in State Court Record - See DE #1 for pdf. (RCB) |
| ANSWER to Amended Complaint by Consol Energy, Inc., Consol of Kentucky, LLC, Dave Smith. Filed in State Court Record - See DE #1 for pdf. (RCB) |
| ANSWER to Amended Complaint by Kentucky Fuel Corporation. Filed in State Court Record - See DE #1 for pdf. (RCB) |
| AMENDED COMPLAINT against Consol Energy, Inc., Consol of Kentucky, LLC, Kentucky Fuel Corporation, Dave Smith, filed by Brenda Collins, Eddie Collins, Etta Combs. Filed in State Court Record - See DE #1 for pdf. (RCB) |
Access additional case information on PACER
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.
