Ruger Coal Company, LLC v. USA
| USA and Tennessee Valley Authority |
| Ruger Coal Company, LLC |
| 3:2022cv00339 |
| September 30, 2022 |
| US District Court for the Eastern District of Tennessee |
| Jill E McCook |
| Travis R McDonough |
| Debra C Poplin |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| None |
Docket Report
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| Filing 44 MAIL RETURNED as Undeliverable. Mail sent to Jeffrey R. Baron re #31 Order, (DJH) |
Filing 43
ORDER granting #39 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf; granting #41 Motion for Leave to Appear Pro Hac Vice. You MUST register as an E-Filer here: #https://pacer.psc.uscourts.gov/pscof/regWizard.jsf. Signed by Magistrate Judge Debra C. Poplin on 10/24/2022. (This entry constitutes the complete Order of the Court.) (AGA) Modified to reflect copy mailed to Brian Glasser & David Felice on 10/25/2022 (JBR).
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| NOTICE of Hearing: Telephonic Scheduling Conference set for 12/8/2022 at 10:30 AM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge Debra C Poplin. Teleconference: 888-808-6929; Access code 2517803(RLK) |
| Filing 42 Ruger Coal Company LLC's ANSWER to Complaint Reply to Counterclaim by Ruger Coal Company, LLC.(Oliver, Jeremy) |
| NOTICE of Hearing: Scheduling Conference set for 12/8/2022 at 10:30 AM in Judge's Chambers (Telephonic Hearing) before Magistrate Judge Debra C Poplin. Teleconference 888-808-6929; Access code 2517803(RLK) |
| Filing 41 MOTION for Leave to Appear Pro Hac Vice David A. Felice ( Filing fee $ 90 receipt number ATNEDC-5201766.) by Ruger Coal Company, LLC. (Attachments: #1 Exhibit 1. Certificate of Good Standing)(Oliver, Jeremy) |
| Filing 40 NOTICE by Ruger Coal Company, LLC of Substitution of Counsel (Oliver, Jeremy) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice Brian A. Glasser ( Filing fee $ 90 receipt number ATNEDC-5201738.) by Ruger Coal Company, LLC. (Attachments: #1 Exhibit 1. Certificate of Good Standing)(Oliver, Jeremy) |
| Clerk's Verification of PHV Requirements is complete regarding document: #41 MOTION for Leave to Appear Pro Hac Vice David A. Felice ( Filing fee $ 90 receipt number ATNEDC-5201766.) filed by Ruger Coal Company, LLC, #39 MOTION for Leave to Appear Pro Hac Vice Brian A. Glasser ( Filing fee $ 90 receipt number ATNEDC-5201738.) filed by Ruger Coal Company, LLC (JBR) |
| Filing 38 CONSENT TO MAGISTRATE and ORDER REFERRING CASE: The Court REFERS this case to United States Magistrate Judge Debra C. Poplin to conduct all proceedings and order the entry of final judgment in accordance with 28 U.S.C. 636(c) and Fed. R. Civ. P. 73. Signed by Chief District Judge Travis R McDonough on 10/6/2022. (BJL) Modified on 10/6/2022 (BJL). *Mailed to Jeffrey R. Baron Bailey & Glasser LLP - Clayton 8012 Bonhomme Avenue Suite 300 Clayton, MO 63105 |
| Filing 37 NOTICE OF CONSENT Agreed to by All Parties by Tennessee Valley Authority (Sanders, Christopher) |
| Filing 36 MAIL addressed to Jeffrey Baron RETURNED as Undeliverable re #27 Order Governing Sealing Confidential Information, #25 Order Governing Depositions, #28 Order, #26 Order Governing Motions To Dismiss, and #24 NOTICE of Deficiency (Pro Hac); remailed to Bailey & Glasser LLP, 34 N Gore Ave, Ste 102, Webster Groves, MO 63119-2343 (AYB) |
| Filing 35 STIPULATION by Ruger Coal Company, LLC. (Oliver, Jeremy) |
| Filing 34 NOTICE of Appearance by Jeremy Anthony Oliver on behalf of Ruger Coal Company, LLC (Oliver, Jeremy) |
| Filing 33 MAIL addressed to Jeffrey Baron RETURNED as Undeliverable re #29 Order of Recusal. Remailed to forwarding address: Bailey & Glasser LLP, 34 N Gore Ave, Ste 102, Webster Groves, MO 63119-2343 (AYB) |
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Filing 32
ORDER A Telephonic Scheduling Conference is set for 11/1/2022 at 01:30 PM before District Judge Travis R. McDonough. Signed by District Judge Travis R. McDonough on 10/3/2022. (JRG)
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Filing 31
ORDER Pursuant to 28 U.S.C. 455, the Honorable Jill E. McCook, United States Magistrate Judge, has recused herself in this action. Accordingly, it is hereby ORDERED that this case is REASSIGNED to the Honorable Debra C. Poplin, United States Magistrate Judge, to handle any matters routinely considered by a magistrate judge pursuant to 28 U.S.C. 636(b) and the Rules of this Court. Signed by District Judge Travis R McDonough on 10/3/2022. (DJH)
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Filing 30
(Re-entered as #32 Order to generate PDF) ORDER A Telephonic Scheduling Conference is set for 11/1/2022 at 01:30 PM before District Judge Travis R. McDonough. Signed by District Judge Travis R McDonough on 10/3/2022. (JRG) Modified on 10/3/2022 (KMK).
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| Magistrate Judge Debra C Poplin added. Magistrate Judge Jill E McCook no longer assigned to case. (DJH) |
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Filing 29
ORDER OF RECUSAL.Signed by Magistrate Judge Jill E. McCook on 9/30/22. (ADA)
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Filing 28
ORDER: The parties are ordered to confer and return the attached form within the time provided. Signed by District Judge Travis R McDonough on 9/30/2022. (copy mailed to attorney Jeffrey Baron) (Attachments: #1 Other Consent Form) (KMK)
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Filing 27
Order Governing Sealing Confidential Information - Signed by District Judge Travis R McDonough on 9/30/2022. (copy mailed to attorney Jeffrey Baron) (KMK)
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Filing 26
Order Governing Motions To Dismiss - Signed by District Judge Travis R McDonough on 9/30/2022. (copy mailed to attorney Jeffrey R. Baron) (KMK)
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Filing 25
Order Governing Depositions - Signed by District Judge Travis R McDonough on 9/30/2022. (copy mailed to attorney Jeffrey R. Baron) (KMK)
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| Filing 24 NOTICE of Deficiency (Pro Hac) for attorney Jeffrey R. Baron (copy mailed to Jeffrey R. Baron) (KMK) |
| Filing 23 Case electronically transferred in from the Southern District of Illinois; SD/IL Case Number 3:22-cv-01117. |
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Filing 22
ORDER granting #21 Joint Motion to Transfer Case. The Clerk of Court is DIRECTED to transfer this case to the Eastern District of Tennessee at Knoxville. Signed by Judge Stephen P. McGlynn on 9/22/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 9/30/2022.]
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| Filing 21 Joint MOTION to Transfer Case to the Eastern District of Tennessee at Knoxville by Tennessee Valley Authority. (Sanders, Christopher) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 20 ANSWER to #11 Amended Complaint, , COUNTERCLAIM against Ruger Coal Company, LLC by Tennessee Valley Authority.(Sanders, Christopher) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 19 NOTICE of Appearance by Christopher Sanders on behalf of Tennessee Valley Authority (Sanders, Christopher) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 18 SUMMONS Returned Executed by Ruger Coal Company, LLC. Tennessee Valley Authority served on 7/18/2022, answer due 8/8/2022. (Baron, Jeffrey) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 17 Summons Issued as to Tennessee Valley Authority. Originals mailed to Jeffrey Baron. (adh) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 16 Summons Requested. (Baron, Jeffrey) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 15 Summons Requested. (Baron, Jeffrey) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 14 SUMMONS Returned Executed by Ruger Coal Company, LLC. Tennessee Valley Authority served on 6/16/2022, answer due 7/7/2022. (Baron, Jeffrey) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 13 Summons Issued as to Tennessee Valley Authority. Original mailed to Attorney Baron. (lmb) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 12 Summons Requested. (Baron, Jeffrey) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 11 AMENDED COMPLAINT against Tennessee Valley Authority, filed by Ruger Coal Company, LLC. (Attachments: #1 Exhibit A - Illinois Coal Lease, #2 Exhibit B - Amendment One, #3 Exhibit C - Amendment Two, #4 Exhibit D - Assignment, #5 Exhibit E - December 12, 2013 Letter)(Baron, Jeffrey) [Transferred from Illinois Southern on 9/30/2022.] |
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Filing 10
ORDER re #5 MOTION to Amend/Correct #1 Complaint. Pursuant to Fed. R. Civ. P. 15(a), a party may amend its pleading once as a matter of course at any time before responsive pleading is served. See Peterson Steels v. Seidmon, 188 F.2d 193 (7th Cir. 1951). Accordingly, plaintiff is entitled to file its amended complaint as a matter of course without seeking leave of court. Nevertheless, plaintiff is granted leave to file amended complaint within 7 days, or by June 17, 2022. (Amended Pleadings due by 6/17/2022.) Signed by Judge Stephen P. McGlynn on 6/10/2022. (jce) THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 9/30/2022.]
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| Filing 9 NOTICE TERMINATING JUDGE ASSIGNMENT: Pursuant to Administrative Order No. 257, and a request for reassignment having been received, this case, in its entirety, is hereby reassigned to Judge Stephen P. McGlynn for further proceedings. Magistrate Judge Reona J. Daly no longer assigned to the case. All future documents must bear case number 3:22-cv-1117-SPM. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 8 NOTICE STRIKING ELECTRONICALLY FILED DOCUMENTS striking #6 Summons Requested. As stated on 4 Notice of Action, the Summons is incorrect. Plaintiff to file corrected version. (adh)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 7 CONSENT/NON-CONSENT TO U.S. MAGISTRATE JUDGE - sealed pending receipt from all parties. (Baron, Jeffrey) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 6 STRICKEN Summons Requested. (Baron, Jeffrey) Modified on 6/9/2022 (adh). [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 5 MOTION to Amend/Correct #1 Complaint, as of Right by Ruger Coal Company, LLC. (Attachments: #1 Exhibit First Amended Complaint, #2 Exhibit Redline of 1st Amended Complaint)(Baron, Jeffrey) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 4 NOTICE OF ACTION re #2 Summons Requested. The summons requested is not for the correct named defendant. Plaintiff named USA as the defendant on the complaint at doc. 1. Plaintiff is instructed to file a corrected version of the summons with the defendant listed as USA. (jlrr)THIS TEXT ENTRY IS AN ORDER OF THE COURT. NO FURTHER DOCUMENTATION WILL BE MAILED. [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 3 NOTICE OF INITIAL ASSIGNMENT TO A U.S. MAGISTRATE JUDGE: This case has been randomly assigned to United States Magistrate Judge Reona J. Daly pursuant to Administrative Order No. 257. The parties are advised that their consent is required if the assigned Magistrate Judge is to conduct all further proceedings in the case, including trial and final entry of judgment pursuant to 28 U.S.C. 636(c) and Federal Rule of Civil Procedure 73. As set forth in Administrative Order No. 257, each party will be required to file a Notice and Consent to Proceed Before a Magistrate Judge Jurisdiction form indicating consent or nonconsent to the jurisdiction of the assigned Magistrate Judge. If all parties do not consent to the Magistrate Judge's jurisdiction, the case will be randomly assigned to a district judge for all further proceedings and the parties cannot later consent to reassignment of the case to a magistrate judge. The parties are further advised that they are free to withhold consent without adverse substantive consequences. Within 21 days of this Notice, the following party or parties must file the attached form indicating consent to proceed before the assigned Magistrate Judge or an affirmative declination to consent: All Parties. A link regarding the magistrate judges in this district is attached for your convenience: #http://www.ilsd.uscourts.gov/documents/BenefitsofConsent.pdf. All future documents must bear case number 3:22-cv-1117-RJD. Consent due by 6/21/2022 (adh) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 2 Summons Requested. (Baron, Jeffrey) [Transferred from Illinois Southern on 9/30/2022.] |
| Filing 1 COMPLAINT against Tennessee Valley Authority ( Filing fee $ 402 receipt number BILSDC-4796603.), filed by Ruger Coal Company, LLC. (Attachments: #1 Exhibit A - Illinois Coal Lease, #2 Exhibit B - Amendment One, #3 Exhibit C - Amendment Two, #4 Exhibit D - Assignment, #5 Exhibit E - 12.12.13 Letter)(Baron, Jeffrey) [Transferred from Illinois Southern on 9/30/2022.] |
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