BANSHEE INDUSTRIES LLC v. HERITAGE COAL & NATURAL RESOURCES LLC
| BANSHEE INDUSTRIES LLC |
| HERITAGE COAL & NATURAL RESOURCES LLC |
| 3:2024cv00233 |
| October 7, 2024 |
| U.S. District Court for the Western District of Pennsylvania |
| Stephanie L Haines |
| Contract: Other |
| 28 U.S.C. § 1441 Notice of Removal-Contract Dispute |
| None |
Docket Report
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This docket was last retrieved on November 27, 2024. A more recent docket listing may be available from PACER.
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| Filing 37 REPLY BRIEF re #34 Motion to Remand to State Court filed by BANSHEE INDUSTRIES LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18) (Phillips, Dean) |
| Filing 36 BRIEF in Opposition re #34 Motion to Remand to State Court filed by HERITAGE COAL & NATURAL RESOURCES LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22, #23 Exhibit 23) (Townsend, Timothy) |
| Filing 35 BRIEF in Support re #34 Motion to Remand to State Court Amended filed by BANSHEE INDUSTRIES LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Phillips, Dean) |
| Filing 34 Amended MOTION to Remand to State Court by BANSHEE INDUSTRIES LLC. (Attachments: #1 Proposed Order) (Phillips, Dean) |
Filing 33
ORDER OF COURT - Upon due consideration of Plaintiff Banshee Industries LLC's motion to amend its motion for remand [Doc. #27 ], which Defendant does not oppose [Doc. #32 ], IT IS ORDERED that Plaintiff's motion to amend its motion for remand [Doc. #27 ] hereby is GRANTED. Plaintiff shall file the amended motion to remand FORTHWITH; and, IT FURTHER IS ORDERED that Exhibits 1 through 5 [Docs. #32 -1, #32 -2, #32 -3, #32 -4 and #32 -5] to Defendant's response to Plaintiff's motion to amend hereby are STRICKEN from the record. The Clerk of Court hereby is directed to remove those exhibits from public view, and as more fully stated in said Order of Court.. Signed by Judge Stephanie L. Haines on 11/18/2024. (dlg)
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| Filing 32 RESPONSE to Motion re #27 MOTION to Amend #12 MOTION to Remand to State Court filed by HERITAGE COAL & NATURAL RESOURCES LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5) (Krasik, Curtis) |
| Filing 31 Proposed Order re #27 Motion to Amend Motion for Remand by BANSHEE INDUSTRIES LLC. (Phillips, Dean) |
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Filing 30
ORDER OF COURT re: #27 Motion to Amend Motion to Remand filed by BANSHEE INDUSTRIES LLC. Defendant's Response to Motion due by 11/15/24. No Reply or sur-reply will be permitted. Signed by Judge Stephanie L. Haines on 11/14/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (gpr)
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| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #27 Motion to Amend. ERROR: Proposed Order, which is required for all motions in civil cases per Local Rule LCvR7, 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. (bjr) |
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Filing 29
ORDER OF COURT - Upon in camera review of the document submitted to the Court by Plaintiff Banshee Industries LLC pursuant to the telephone status conference held in this matter on November 7, 2024, IT IS ORDERED that Plaintiff shall disclose to Defendant Heritage Coal & Natural Resources LLC paragraph B.5, in its entirety, of the "Background and Analysis of Adjustments Protested" which is attached to a letter from Attorney LeRoy L. Metz II to Revenue Agent Stephanie Pesi dated November 1, 2019. The referenced subparagraph is entitled "Disallowance of Expense Attributable to Business Use of Florida Property" and runs from page 3 to 6 of the letter attachment, and from pages 70-73 of the document sent to the Court for in camera review. The Court finds that the ENTIRE subparagraph B.5 should be disclosed to Defendant for context. The Court is satisfied, however, that none of the remaining redacted portions of the submitted document contain any information relevant to the current jurisdictional issue before the Court, and therefore need not be disclosed to Defendant at this time. Signed by Judge Stephanie L. Haines on 11/13/2024. (dlg)
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| Filing 28 BRIEF in Support re #27 Motion to Amend Its Motion for Remand filed by BANSHEE INDUSTRIES LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Phillips, Dean) |
| Filing 27 MOTION to Amend #12 MOTION to Remand to State Court by BANSHEE INDUSTRIES LLC. (Phillips, Dean) |
| Filing 26 Minute Entry for proceedings held before Judge Stephanie L. Haines: Court convened for telephone status conference re: second discovery dispute. Counsel entered their appearances. Parties stated their positions on the dispute. The Court directed Plaintiff to submit to the Court for in camera review via chambers email by 5:00 PM today (11/7/2024) both an unredacted and a redacted version of the disputed documents for a relevancy determination. Plaintiff's counsel advised that he he intends to file a motion to amend the motion for remand. The Court directed him to file the motion to amend no later than November 14, 2024. The Court extended the deadline for Defendant's response to the motion to remand to November 21, 2024, and the deadline for Plaintiff's reply to November 28, 2024. A corresponding one-week extension of the briefing deadlines in the related case at 2:24cv1448 also will be granted. Conference adjourned. (Court Reporter: Shirley Hall) (dlg) |
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Filing 25
ORDER OF COURT. Telephonic Status Conference re: another discovery dispute set for 11/7/24 at 11:00 AM before Judge Stephanie L. Haines. The Court will conduct the conference via a TEAMS audio conference number. The Court will provide the conference phone number and conference ID number via an email to all counsel in advance of the conference. Signed by Judge Stephanie L. Haines on 11/7/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (gpr)
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| Filing 24 Minute Entry for proceedings held before Judge Stephanie L. Haines: Telephonic Status Conference held on 10/31/2024. Court convened for telephone status conference re: discovery dispute. Counsel entered appearances. Parties stated their positions on the dispute. The Court directed the parties to mutually exchange discovery relevant to the jurisdictional issues before it according to the timetables the parties have agreed upon. Conference adjourned. (Court Reporter: Shirley Hall) (dag) |
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Filing 23
ORDER granting #21 Joint Motion to Align the Motion to Remand Briefing Schedule with the Briefing Schedule in a Related Case. Defendant Heritage Coal & Natural Resources, LLC shall respond to Plaintiff's motion to remand by November 14, 2024, and Plaintiff shall file its reply in support of its motion to remand by November 21, 2024. IT IS SO ORDERED, Signed by Judge Stephanie L. Haines on 10/29/2024. (dlg)
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Filing 22
ORDER OF COURT: Telephonic Status Conference re: discovery dispute set for 10/31/24 at 1:30 PM before Judge Stephanie L. Haines. The Court will conduct the conference via a TEAMS audio conference number, and will provide the conference phone number and conference ID number via an email to all counsel in advance of the conference. The parties shall provide a short summary of the dispute and their respective positions on the matter to the Court via email no later than 5:00 PM on 10/30/24. Signed by Judge Stephanie L. Haines on 10/29/24. Text-only entry; no PDF document will issue. This text-only entry constitutes the Order of the Court or Notice on the matter. (gpr)
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| Filing 21 Joint MOTION for Extension of Time to File Response/Reply as to #15 Order,, to Align the Motion to Remand Briefing Schedule with the Briefing Schedule in a Related Case by HERITAGE COAL & NATURAL RESOURCES LLC. (Attachments: #1 Proposed Order) (Ryan, Thomas) |
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Filing 20
ORDER granting #18 Joint Motion to Set Pleadings Schedule. Defendant Heritage Coal & Natural Resources, LLC shall respond to Plaintiff's complaint within 30 days after the Court rules on Banshee Industries, LLC's motion to remand. IT IS SO ORDERED,. Signed by Judge Stephanie L. Haines on 10/23/2024. (dlg)
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| Filing 19 NOTICE of Appearance by Matthew R. Zatko on behalf of BANSHEE INDUSTRIES LLC. (Zatko, Matthew) |
| Filing 18 Joint MOTION to Set Pleadings Schedule by HERITAGE COAL & NATURAL RESOURCES LLC. (Attachments: #1 Proposed Order) (Ryan, Thomas) |
| Filing 17 AMENDED DOCUMENT re #1 Notice of Removal by HERITAGE COAL & NATURAL RESOURCES LLC. Amendment to #1 Notice of Removal,. (Attachments: #1 Exhibit 1, #2 Exhibit 2) (Ryan, Thomas) Modified text on 10/18/2024. (bjr) |
| Filing 16 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings re Telephonic Status Conference held on Tuesday, October 8, 2024, before Judge Stephanie L. Haines. Court Reporter Shirley Hall, Email: shirleyhall_uscra@yahoo.com. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely, electronically available to the public without redaction after 90 calendar days. For redaction purposes, or otherwise, during this 90 day period a copy of the transcript may be purchased from the court reporte or viewed at the clerk's office public terminal. Any Notice of Intent to Request Redaction and Redaction Request must be separately mailed to the court reporter of said proceedings. Notice of Intent for Redaction of Personal Data Identifiers due by 10/22/2024. Redaction Request due 11/5/2024. Redacted Transcript Deadline set for 11/15/2024. Release of Transcript Restriction set for 1/13/2025. (sah) |
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Filing 15
ORDER OF COURT - Plaintiff Banshee Industries LLC having filed a motion for remand [Doc. #12 ], and, pursuant to the telephone status conference held on October 8, 2024, the Court having determined that a period of limited and expedited discovery of no more than 30 days is necessary on the relevant jurisdictional issue; accordingly, IT IS ORDERED that Defendants shall file a response to Plaintiff's motion for remand no later than November 7, 2024. Any reply to the response shall be filed no later than November 14, 2024. No sur-reply will be permitted except by leave of court. Signed by Judge Stephanie L. Haines on 10/9/2024. (dlg)
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| Filing 14 Minute Entry for proceedings held before Judge Stephanie L. Haines: Telephonic Status Conference held on 10/8/2024. Court convened for telephone status conference re: notice of removal and accompanying emergency motion for injunctive relief. Counsel entered appearances. Court expressed concerns as to jurisdiction. Plaintiff intends to file a motion for remand and requested expedited briefing schedule. Defendant requested limited and expedited discovery on issues related to residency. Court observed that jurisdiction must be established before it can even consider injunctive relief, and agreed that limited discovery is necessary on that issue. Court will await filing of motion to remand, then will enter scheduling order incorporating no more than 30 days for limited discovery. Appropriate order to follow. Conference adjourned. (Court Reporter: Shirley Hall) (dag) |
| Filing 13 BRIEF in Support re #12 Motion to Remand to State Court filed by BANSHEE INDUSTRIES LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4) (Phillips, Dean) |
| Filing 12 MOTION to Remand to State Court by BANSHEE INDUSTRIES LLC. (Phillips, Dean) |
| Filing 11 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by BANSHEE INDUSTRIES LLC. (Papciak, Justin) |
| Filing 10 NOTICE of Appearance by Chadd C Colin on behalf of BANSHEE INDUSTRIES LLC. (Colin, Chadd) |
| Filing 9 NOTICE of Appearance by Dean Robert Phillips on behalf of BANSHEE INDUSTRIES LLC. (Phillips, Dean) |
| Filing 8 NOTICE of Appearance by Justin T. Papciak on behalf of BANSHEE INDUSTRIES LLC. (Papciak, Justin) |
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Filing 7
ORDER RE: Rule 12(b) Motions (details more fully stated in said Order) Signed by Judge Stephanie L. Haines on 10/8/2024. (dag)
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| Filing 6 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. (dag) |
| Filing 5 Disclosure Statement identifying None as corporate parent or other affiliate, declaring citizenship by HERITAGE COAL & NATURAL RESOURCES LLC. (Ryan, Thomas) |
| Filing 4 NOTICE of Appearance by Timothy Nathan Townsend on behalf of HERITAGE COAL & NATURAL RESOURCES LLC. (Townsend, Timothy) |
| Filing 3 NOTICE of Appearance by Curtis B. Krasik on behalf of HERITAGE COAL & NATURAL RESOURCES LLC. (Krasik, Curtis) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #11 Disclosure Statement. ERROR: Attorney signature missing required information. CORRECTION: Attorney directed to comply with requirements of LCvR 5.2(B) in all future filings. This message is for informational purposes only. (bjr) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #4 Notice of Appearance, #3 Notice of Appearance, #5 Disclosure Statement. ERROR: Attorney signature missing required information. CORRECTION: Attorney directed to comply with requirements of LCvR 5.2(B) in all future filings. This message is for informational purposes only. (bjr) |
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Filing 2
ORDER OF COURT. Telephonic Status Conference set for 10/8/24 at 2:30 PM before Judge Stephanie L. Haines. The Court will conduct the conference via a TEAMS audio conference number. The Court will provide the conference phone number and conference ID number via email to all counsel in advance of the conference. Signed by Judge Stephanie L. Haines on 10/7/24. (gpr)
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| Filing 1 NOTICE OF REMOVAL from Court of Common Pleas Somerset County Pennsylvania, case number 630 Civil 2024. (Filing fee, including Administrative fee, $405, receipt number APAWDC-8495338), filed by HERITAGE COAL & NATURAL RESOURCES LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Civil Cover Sheet) (Ryan, Thomas) Amended Document filed at #17 . Modified text on 10/18/2024. (bjr) |
| CLERK'S OFFICE QUALITY CONTROL MESSAGE re #1 Notice of Removal. ERROR: Party did not file disclosure statement identifying both all parent companies, subsidiaries, and affiliates that have issued shares or debt securities to the public AND citizenship as required pursuant to LR 7.1.A. CORRECTION: Attorney advised to file statement within 7 days under Civil > Other Filings > Other Documents > Disclosure Statement (LR 7.1.A and/or FRCvP 7.1(a)(2)). Disclosure Statement due by 10/15/2024. (bjr) |
| Judge Stephanie L. Haines added. (bjr) |
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