BYRD et al v. CONSOLIDATION COAL COMPANY et al
| BYRD, TINA BYRD and ARNOLD BYRD |
| CONSOLIDATION COAL COMPANY, CONSOLIDATED ENERGY COMPANY, STRATA WORLDWIDE, L.L.C., RM WILSON COMPANY, CONSOL PENNSYLVANIA COAL COMPANY LLC, CATERPILLAR INC., THIELE GMBH & COMPANY KG, CNX COAL RESOURCES, L.P., JOHN AND JANE DOES 1 THROUGH 10, CONSOL ENERGY INC., JOHN DOE ENTITIES 1 THROUGH 10, KWS INC., STRATA PRODUCTS WORLDWIDE, LLC, CONSOL and JOHN DOE CORPORATIONS 1 THROUGH 10 |
| 2:2016cv01542 |
| October 7, 2016 |
| US District Court for the Western District of Pennsylvania |
| Pittsburgh Office |
| Washington |
| Joy Flowers Conti |
| P.I.: Other |
| 28 U.S.C. § 1391 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 21, 2017. A more recent docket listing may be available from PACER.
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| Filing 60 NOTICE of Appearance by Mark D. Shepard on behalf of CATERPILLAR INC.. (Shepard, Mark) |
Filing 59
ORDER upon the finding of this court that Arnold Byrd and Tina Byrd ("plaintiffs") and at least one of the named defendants are citizens of Pennsylvania, this court concludes that it does not have subject-matter jurisdiction over this diversity case; IT IS HEREBY ORDERED that the #8 amended complaint is DISMISSED WITHOUT PREJDUCE for lack of subject-matter jurisdiction; IT IS FURTHER ORDERED #10 Motion to Dismiss for Failure to State a Claim, #27 Motion to Dismiss, Motion for More Definite Statement, #48 Motion to Dismiss, Motion for More Definite Statement, Motion to Strike and #46 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim are GRANTED IN PART with respect to the arguments challenging this court's subject-matter jurisdiction; and IT IS FURTHER ORDERED that the dismissal of this case is not based upon the merits and is solely because this court lacks subject-matter jurisdiction over the parties' dispute; plaintiff may refile the amended complaint in an appropriate jurisdiction in accordance with 42 PA. CONS. STAT. 5103. The Clerk shall mark this case closed. Signed by Chief Judge Joy Flowers Conti on 4/28/2017. (smc)
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| Minute Entry for proceedings held before Chief Judge Joy Flowers Conti on 4/26/2017: The court heard from the parties with respect to whether the court has subject-matter jurisdiction over this case and the motions pending before the court, including #58 . For the reasons set forth fully on the record, the court determined it does not have subject-matter jurisdiction over this case. The court will dismiss the case without prejudice to proceed in the appropriate court. An order will be entered. (Court Reporter: Karen Earley) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm) |
| Filing 58 MOTION to Transfer Case to State Court, MOTION to Compel or in the alternative request that an order be issued dismissing the case on subject matter jurisdiction with leave to file in state court by ARNOLD BYRD, TINA BYRD. (Attachments: #1 Brief, #2 Proposed Order, #3 Certificate of Service) (Indovina, Nicholas) Text modified on 4/26/2017. (ept) |
| Filing 57 BRIEF in Support re #56 Response to Motion to Dismiss, Motion for More Definite Statement, Motion to Strike filed by ARNOLD BYRD, TINA BYRD. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Indovina, Nicholas) Document is entitled as a Brief in Support, not a Brief in Opposition. Modified on 4/13/2017. (jsp) |
| Filing 56 RESPONSE to Motion re #48 MOTION to Dismiss re #8 Amended Complaint MOTION for More Definite Statement MOTION to Strike filed by ARNOLD BYRD, TINA BYRD. (Indovina, Nicholas) |
| Filing 54 RESPONSE to Motion re #46 MOTION to Dismiss re #8 Amended Complaint MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ARNOLD BYRD, TINA BYRD. (Indovina, Nicholas) |
| Filing 55 BRIEF in Support re #54 Response to Motion to Dismiss, Motion to Dismiss for Failure to State a Claim |
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Filing 53
ORDER granting #52 Motion for Brief Extension of Discovery Deadline. Discovery due by 4/21/2017. Signed by Chief Judge Joy Flowers Conti on 4/11/2017. (smc)
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| Set/Reset Hearings: Status Conference set for 4/17/2017 is reset for 4/26/2017 at 04:45 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc) |
| Filing 52 MOTION for Extension of Time to Complete Discovery by CNX COAL RESOURCES, L.P., CONSOL ENERGY INC., CONSOL PENNSYLVANIA COAL COMPANY LLC. (Attachments: #1 Proposed Order) (Puz, Rodger) |
| Minute Entry for hearing held before Chief Judge Joy Flowers Conti on 4/7/17 re: motion for protective order #50 . The court--as fully set forth on the record--determined the motion #50 would be GRANTED IN PART, DENIED IN PART. (Court Reporter: Barbara Leo) Text-only entry; no PDF document will issue. This text-only entry constitutes a Minute of the Court or Notice on the matter. (kjm) |
| Filing 51 NOTICE of Appearance by Sean R. Keegan on behalf of CATERPILLAR INC.. (Keegan, Sean) |
| Remark: The parties may appear by telephone at the hearing scheduled for Friday, 4/7/17, at 2:30 p.m. The parties shall provide chambers with a telephone number for the call, which the court will initiate. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (kjm) |
| Set Hearings: A hearing on the motion for protective order #50 is hereby scheduled for 4/7/17 at 2:30 p.m. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter.(kjm) |
| Filing 50 MOTION for Protective Order by CNX COAL RESOURCES, L.P., CONSOL ENERGY INC., CONSOL PENNSYLVANIA COAL COMPANY LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order) (Puz, Rodger) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #48 Motion to Dismiss, Motion for More Definite Statement, Motion to Strike. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for More Definite Statement, Motion to Strike. This message is for informational purposes only. (ept) |
| Filing 49 BRIEF in Support re #48 Motion to Dismiss, Motion for More Definite Statement, Motion to Strike filed by STRATA PRODUCTS WORLDWIDE, LLC. (Sostmann, Stuart) Text modified on 3/27/2017. (ept) |
| Filing 48 MOTION to Dismiss re #8 Amended Complaint by STRATA PRODUCTS WORLDWIDE, LLC. (Attachments: #1 Proposed Order) (Sostmann, Stuart). Added MOTION for More Definite Statement, MOTION to Strike on 3/27/2017 (ept). |
| Filing 47 BRIEF in Support re #46 Motion to Dismiss, Motion to Dismiss for Failure to State a Claim filed by CONSOL PENNSYLVANIA COAL COMPANY LLC. (Puz, Rodger) |
| Filing 46 MOTION to Dismiss re #8 Amended Complaint, MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CONSOL PENNSYLVANIA COAL COMPANY LLC. (Attachments: #1 Proposed Order) (Puz, Rodger) |
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Filing 45
ORDER denying as moot #39 Motion for Extension of Time to Complete Discovery. Signed by Chief Judge Joy Flowers Conti on 3/15/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
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Filing 44
ORDER granting #42 Motion for Extension of Time to Complete Discovery. Discovery related to subject matter jurisdiction is extended until 4/15/2017. Status Conference set for 4/17/2017 at 04:30 PM in Courtroom 5A before Chief Judge Joy Flowers Conti. Signed by Chief Judge Joy Flowers Conti on 3/15/2017. (smc)
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| Filing 43 RESPONSE to Motion re #42 MOTION for Extension of Time to Complete Discovery, #39 MOTION for Extension of Time to Complete Discovery filed by CONSOL ENERGY INC., CONSOL PENNSYLVANIA COAL COMPANY LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Proposed Order) (Puz, Rodger) |
| Filing 42 MOTION for Extension of Time to Complete Discovery by ARNOLD BYRD, TINA BYRD. (Attachments: #1 Proposed Order, #2 Certificate of Service) (Indovina, Nicholas) |
| Filing 41 SUMMONS/Return of Service Returned Executed by TINA BYRD, ARNOLD BYRD. (Indovina, Nicholas) Error: Document removed from public view as entry is incomplete and as it appears it is a duplicate of Document #40 . Modified on 3/7/2017. (jsp) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #39 Motion for Extension of Time to Complete Discovery. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (ept) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #38 Affidavit of Service. ERROR: Wrong event selected. CORRECTION: Re-docketed as Summons/Return of Service Returned Executed. This message is for informational purposes only. (ept) |
| Filing 40 SUMMONS/Return of Service Returned Executed by TINA BYRD, ARNOLD BYRD. CONSOL PENNSYLVANIA COAL COMPANY LLC served on 3/2/2017, answer due 3/23/2017. (ept) |
| Filing 39 MOTION for Extension of Time to Complete Discovery by ARNOLD BYRD, TINA BYRD. (Indovina, Nicholas) |
| Filing 38 AFFIDAVIT of Service for Complaint served on Consol Pennsylvania Coal Company LLC on 03/02/2017, filed by ARNOLD BYRD, TINA BYRD. (Indovina, Nicholas) Wrong event selected. Document removed from public view and redocketed at #40 . Modified on 3/6/2017. (ept) |
| Filing 37 NOTICE of Appearance by Gregory P. Graham on behalf of STRATA PRODUCTS WORLDWIDE, LLC. (Graham, Gregory) |
| Filing 36 Disclosure Statement identifying Morgan Stanley as corporate parent or other affiliate, by STRATA PRODUCTS WORLDWIDE, LLC. (Sostmann, Stuart) |
| Filing 35 NOTICE of Appearance by Stuart H. Sostmann on behalf of STRATA PRODUCTS WORLDWIDE, LLC. (Sostmann, Stuart) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #33 Response to Motion. ERROR: Proposed Order was made part of main document. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (ept) |
| Filing 34 BRIEF in Opposition re #27 Motion to Dismiss, Motion for More Definite Statement filed by ARNOLD BYRD, TINA BYRD. (Attachments: #1 Exhibit) (Indovina, Nicholas) |
| Filing 33 RESPONSE to Motion re #27 MOTION to Dismiss re #8 Amended Complaint MOTION for More Definite Statement filed by ARNOLD BYRD, TINA BYRD. (Indovina, Nicholas) |
| Filing 32 Minute Entry for proceedings held before Chief Judge Joy Flowers Conti: Status Conference held on 2/10/2017. Discussed status of service on parties. Discovery on subject matter jurisdiction due by 3/10/2017. Response to Motion to Dismiss on subject matter jurisdiction due by 3/27/2017. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (Court Reporter: K. Earley) (smc) |
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Filing 31
ORDER ON MOTION PRACTICE. Signed by Chief Judge Joy Flowers Conti on 2/7/2017. (smc)
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| Set/Reset Hearings: Telephone Status Conference set for 2/10/2017 at 10:30 AM before Chief Judge Joy Flowers Conti. Counsel should provide chambers with their contact information prior to the conference. Text-only entry; no PDF document will issue. This text-only entry constitutes the Court's order or notice on the matter. (smc) |
| Filing 30 PRAECIPE to Reissue Summons by ARNOLD BYRD, TINA BYRD (Indovina, Nicholas) |
| Filing 29 PRAECIPE to Reissue Summons by ARNOLD BYRD, TINA BYRD (Indovina, Nicholas) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #27 Motion to Dismiss, Motion for More Definite Statement. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for More Definite Statement. This message is for informational purposes only. (ept) |
| Filing 28 BRIEF in Support re #27 Motion to Dismiss filed by CATERPILLAR INC.. (Shepard, Mark) |
| Filing 27 MOTION to Dismiss re #8 Amended Complaint by CATERPILLAR INC.. (Attachments: #1 Proposed Order) (Shepard, Mark). Added MOTION for More Definite Statement on 1/27/2017 (ept). |
| Filing 26 Disclosure Statement identifying None as corporate parent or other affiliate, by CATERPILLAR INC.. (Shepard, Mark) |
| Filing 25 NOTICE of Appearance by Mark D. Shepard on behalf of CATERPILLAR INC.. (Shepard, Mark) |
| Filing 24 BRIEF in Support of #21 Response to Motion filed by ARNOLD BYRD, TINA BYRD. (Indovina, Nicholas) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #20 Response to Motion, #21 Response to Motion. ERROR: Proposed Order was made part of main documents. CORRECTION: Attorney advised that in future proposed orders are to be made attachments to the main document. This message is for informational purposes only. (ept) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #22 Brief in Support - Other; ERROR: Typed name omitted by s/. CORRECTION: Attorney advised of signature requirements. Attorney to resubmit with signature, using Errata event. This message is for informational purposes only. (ept) |
| Filing 23 BRIEF in Support of #20 Response to Motion filed by ARNOLD BYRD, TINA BYRD. (Indovina, Nicholas) |
| Filing 22 BRIEF in Support of #21 Response to Motion filed by ARNOLD BYRD, TINA BYRD. (Indovina, Nicholas) Document removed from public view and redocketed at #24 . Modified on 1/11/2017. (ept) |
| Filing 21 RESPONSE to Motion re #10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiffs Amended Complaint filed by ARNOLD BYRD, TINA BYRD. (Indovina, Nicholas) |
| Filing 20 RESPONSE to Motion re #12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement filed by ARNOLD BYRD, TINA BYRD. (Indovina, Nicholas) |
| Filing 19 Summons Reissued as to *CONSOLIDATION COAL COMPANY, STRATA WORLDWIDE, L.L.C.* (gmp) |
| Filing 18 PRAECIPE to Reissue Summons by ARNOLD BYRD, TINA BYRD (Attachments: #1 Summons) (Indovina, Nicholas) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #17 Praecipe to Reissue Summons. ERROR: A proper summons was not attached. CORRECTION: Attorney is to resubmit the document using the Praecipe to Reissue Summons event. The Praecipe to Reissue Summons is the main document, with a properly filled out summons, located on the court's website, filed as an attachment to the Praecipe. This message is for informational purposes only. (ept) |
| Filing 17 PRAECIPE to Reissue Summons by ARNOLD BYRD, TINA BYRD (Attachments: #1 Summons) (Indovina, Nicholas) |
| Filing 16 Stipulation for Extension of Time to Answer by CATERPILLAR INC. Answer due from CATERPILLAR INC. on 1/26/2017. (Shepard, Mark) |
| Filing 15 Proposed Order re #10 Motion to Dismiss for Failure to State a Claim by CNX COAL RESOURCES, L.P., CONSOL ENERGY INC.. (Puz, Rodger) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #10 Motion to Dismiss for Failure to State a Claim. ERROR: Proposed Order was not attached. CORRECTION: Attorney is advised to file a proposed order by using the Proposed Order event and linking it to the document in question. This message is for informational purposes only. (ept) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #12 Motion to Dismiss for Failure to State a Claim, Motion for More Definite Statement. ERROR: MULTIPLE Relief Motion Filed as One Relief. CORRECTION: Attorney advised in future that Motions of this nature are to be filed using the Motion Event and clicking on all the reliefs sought in said motion. Clerk of Court added/docketed Motion for More Definite Statement. This message is for informational purposes only. (ept) |
| Filing 14 NOTICE of Appearance by J. R. Hall on behalf of CNX COAL RESOURCES, L.P., CONSOL ENERGY INC.. (Hall, J.) |
| Filing 13 BRIEF in Support re #12 Motion to Dismiss for Failure to State a Claim, Motion for More Definite Statement filed by RM WILSON COMPANY. (Argento, L.) Text modified on 12/20/2016. (ept) |
| Filing 12 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by RM WILSON COMPANY. (Attachments: #1 Proposed Order) (Argento, L.). Added MOTION for More Definite Statement on 12/20/2016 (ept). |
| Filing 11 BRIEF in Support re #10 Motion to Dismiss for Failure to State a Claim to Plaintiffs Amended Complaint filed by CNX COAL RESOURCES, L.P., CONSOL ENERGY INC.. (Puz, Rodger) |
| Filing 10 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM to Plaintiffs Amended Complaint by CNX COAL RESOURCES, L.P., CONSOL ENERGY INC.. (Puz, Rodger) |
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Filing 9
ORDER denying as moot #4 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Joy Flowers Conti on 12/14/2016. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (smc)
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| Filing 8 First AMENDED COMPLAINT against All Defendants, filed by ARNOLD BYRD, TINA BYRD . (Indovina, Nicholas) Text modified on 12/6/2016. (ept) |
| Filing 7 Disclosure Statement identifying None as corporate parent or other affiliate, by RM WILSON COMPANY. (Argento, L.) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #6 Notice of Appearance. ERROR: Party did not file disclosure statement as required pursuant to L.R. 7.1.1. CORRECTION: Attorney advised to file statement within 7 days. This message is for informational purposes only. Disclosure Statement due by 11/23/2016. (ept) |
| Filing 6 NOTICE of Appearance by L. John Argento on behalf of RM WILSON COMPANY. (Argento, L.) |
| Filing 5 BRIEF in Support re #4 Motion to Dismiss for Failure to State a Claim filed by CNX COAL RESOURCES, L.P., CONSOLIDATED ENERGY COMPANY. (Puz, Rodger) Text modified on 11/15/2016. (ept) |
| Filing 4 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CNX COAL RESOURCES, L.P., CONSOLIDATED ENERGY COMPANY. (Puz, Rodger) Text modified on 11/15/2016. (ept) |
| Filing 3 PRAECIPE to Reissue Summons by ARNOLD BYRD, TINA BYRD (Attachments: #1 Exhibit Civil Complaint) (Indovina, Nicholas) |
| Filing 2 NOTICE that instant civil action has been designated for placement into the United States District Court's Alternative Dispute Resolution program. Parties are directed to fully complete the required 26(f) report, which includes the stipulation of selecting an ADR process. Counsel for plaintiff (or in the case of a removal action, counsel for removing defendant) shall make service of the notice on all parties. (smc) |
| Filing 1 COMPLAINT against CATERPILLAR INC., CNX COAL RESOURCES, L.P., CONSOLIDATED ENERGY COMPANY, CONSOLIDATION COAL COMPANY, KWS INC., RM WILSON COMPANY, STRATA WORLDWIDE, L.L.C., THIELE GMBH & COMPANY KG (Filing fee, including Administrative fee, $400, receipt number 0315-4111708), filed by TINA BYRD, ARNOLD BYRD. (Attachments: #1 Civil Cover Sheet, #2 Summons Consolidation Coal Company, #3 Summons Consolidation Energy Company, #4 Summons CNX Coal Resources, #5 Summons Strata Worldwide, #6 Summons Caterpillar, #7 Summons RM Wilson Company, #8 Summons Tiele, #9 Summons KWS Inc.) (ept) |
| Summons Issued as to *CATERPILLAR INC., CNX COAL RESOURCES, L.P., CONSOLIDATED ENERGY COMPANY, CONSOLIDATION COAL COMPANY, KWS INC., RM WILSON COMPANY, STRATA WORLDWIDE, L.L.C., THIELE GMBH & COMPANY KG.* (ept) |
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