Lexon Insurance Company v. American Resources Corporation et al
Plaintiff: Lexon Insurance Company
Defendant: American Resources Corporation, American Carbon Corporation f/k/a Quest Energy, Inc., Deane Mining LLC, ERC Mining Indiana Corp., Knott County Coal LLC f/k/a ICG Knott County, LLC, McCoy Elkhorn Coal LLC, American Carbon Corporation, Knott County Coal LLC, Quest Energy, Inc. and ICG Knott County, LLC
Alternative Dispute Resolution (Adr) Provider: Samuel Coal Company, Inc.
Case Number: 1:2022cv05939
Filed: July 12, 2022
Court: US District Court for the Southern District of New York
Presiding Judge: John P Cronan
Nature of Suit: Contract: Other
Cause of Action: 15 U.S.C. § 294 Breach of Contract
Jury Demanded By: None
Docket Report

This docket was last retrieved on February 14, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 18, 2022 Filing 12 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Samuel Coal Company, Inc. served on 8/8/2022, answer due 8/29/2022. Service was accepted by Shannon Stenbergen, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard)
August 18, 2022 Filing 11 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Knott County Coal LLC served on 8/8/2022, answer due 8/29/2022. Service was accepted by Shannon Stenbergen, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard)
August 18, 2022 Filing 10 AFFIDAVIT OF SERVICE of Summons and Complaint,,. McCoy Elkhorn Coal LLC served on 8/2/2022, answer due 8/23/2022. Service was accepted by Kirk Taylor, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard)
August 18, 2022 Filing 9 CERTIFICATE OF SERVICE of Summons and Complaint,,. ERC Mining Indiana Corp. served on 8/2/2022, answer due 8/23/2022. Service was accepted by Kirk Taylor, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard)
August 18, 2022 Filing 8 AFFIDAVIT OF SERVICE of Summons and Complaint,,. Deane Mining LLC served on 8/2/2022, answer due 8/23/2022. Service was accepted by Kirk Taylor, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard)
August 18, 2022 Filing 7 AFFIDAVIT OF SERVICE of Summons and Complaint,,. American Carbon Corporation served on 8/2/2022, answer due 8/23/2022. Service was accepted by Kirk Taylor, Authorized Agent. Document filed by Lexon Insurance Company..(Tucker, Richard)
August 18, 2022 Filing 6 NOTICE OF APPEARANCE by Richard Tucker on behalf of Lexon Insurance Company..(Tucker, Richard)
July 13, 2022 Filing 5 ELECTRONIC SUMMONS ISSUED as to American Carbon Corporation, American Resources Corporation, Deane Mining LLC, ERC Mining Indiana Corp., Knott County Coal LLC, McCoy Elkhorn Coal LLC, Samuel Coal Company, Inc. (vf)
July 13, 2022 Filing 4 REQUEST FOR ISSUANCE OF SUMMONS as to AMERICAN RESOURCES CORPORATION, AMERICAN CARBON CORPORATION f/k/a QUEST ENERGY, INC., DEANE MINING LLC, ERC MINING INDIANA CORP., KNOTT COUNTY COAL LLC f/k/a ICG KNOTT COUNTY, LLC, MCCOY ELKHORN COAL LLC and SAMUEL COAL COMPANY, INC., re: #2 Complaint,,. Document filed by Lexon Insurance Company..(Worrall, Dale)
July 13, 2022 ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Dale Alan Worrall to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. 440 Summons in a Civil Case form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf)
July 13, 2022 ***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Dale Alan Worrall. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); Citizenship Plaintiff code 7 (NONE); Citizenship Defendant code 7 (NONE); Dollar Demand 24,977,335,000; County code Albany. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 4 (Diversity); the Citizenship Plaintiff code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Citizenship Defendant code has been modified to 5 (Incorporated/Principal Place of Business-Other State); the Dollar Demand has been modified to 9,999,000; the County code has been modified to XX Out of State. (vf)
July 13, 2022 ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Dale Alan Worrall. The party information for the following party/parties has been modified: Samuel Coal Company, Inc.; American Carbon Corporation f/k/a Quest Energy, Inc., Knott County Coal LLC f/k/a ICG Knott County, LLC. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly; alias party name was omitted. (vf)
July 13, 2022 CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. Please download and review the Individual Practices of the assigned District Judge, located at #https://nysd.uscourts.gov/judges/district-judges. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at #https://nysd.uscourts.gov/rules/ecf-related-instructions..(vf)
July 13, 2022 Civil Case Opening Fee Paid electronically via Pay.gov: for #2 Complaint. Filing fee $ 402.00. Pay.gov receipt number BNYSDC-26401925, paid on 7/12/2022. (vf)
July 13, 2022 Magistrate Judge James L. Cott is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: #https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf. (vf)
July 13, 2022 Case Designated ECF. (vf)
July 12, 2022 Filing 3 FILING ERROR - DEFICIENT - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to AMERICAN RESOURCES CORPORATION, AMERICAN CARBON CORPORATION f/k/a QUEST ENERGY, INC., DEANE MINING LLC, ERC MINING INDIANA CORP., KNOTT COUNTY COAL LLC f/k/a ICG KNOTT COUNTY, LLC, MCCOY ELKHORN COAL LLC and SAMUEL COAL COMPANY, INC., re: #2 Complaint,,. Document filed by Lexon Insurance Company..(Worrall, Dale) Modified on 7/13/2022 (vf).
July 12, 2022 Filing 2 COMPLAINT against American Carbon Corporation f/k/a Quest Energy, Inc., American Resources Corporation, Deane Mining LLC, ERC Mining Indiana Corp., Knott County Coal LLC f/k/a ICG Knott County, LLC, McCoy Elkhorn Coal LLC, Samuel Coal Company, Inc.. Document filed by Lexon Insurance Company. (Attachments: #1 Exhibit Exh A - Bond Summary, #2 Exhibit Exh B - 10-16-15 GAI, #3 Exhibit Exh C - 5-15-16 GAI, #4 Exhibit Exh D - 3-25-20 GAI, #5 Exhibit Exh E - Collateral Agreement).(Worrall, Dale)
July 12, 2022 Filing 1 CIVIL COVER SHEET filed..(Worrall, Dale)

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Plaintiff: Lexon Insurance Company
Represented By: Dale Alan Worrall
Represented By: Richard Tucker
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Defendant: American Resources Corporation
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Defendant: American Carbon Corporation f/k/a Quest Energy, Inc.
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Defendant: Deane Mining LLC
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Defendant: ERC Mining Indiana Corp.
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Defendant: Knott County Coal LLC f/k/a ICG Knott County, LLC
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Defendant: McCoy Elkhorn Coal LLC
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Defendant: American Carbon Corporation
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Defendant: Knott County Coal LLC
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Defendant: Quest Energy, Inc.
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Defendant: ICG Knott County, LLC
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Alternative dispute resolution (adr) provider: Samuel Coal Company, Inc.
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