Hale v. CNX Gas Company, LLC et al
| Jeffery Carlos Hale |
| CNX Gas Company, LLC, Torch Oil & Gas Company, John Does A-Z, Commonwealth of VA, Buckhorn Coal Company, Commonwealth Coal Corporation and Harrison-Wyatt, LLC |
| 1:2010cv00059 |
| September 23, 2010 |
| US District Court for the Western District of Virginia |
| Abingdon Office |
| James P Jones |
| Pamela Meade Sargent |
| Real Property: Other |
| 28 U.S.C. § 1332 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 29, 2017. A more recent docket listing may be available from PACER.
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| Filing 460 Declaration re #458 MOTION to Certify Class by Jeffery Carlos Hale (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Seltz, Daniel) |
| Filing 459 Brief / Memorandum in Support re #458 MOTION to Certify Class . filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 458 MOTION to Certify Class by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 457 TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by Jeffery Carlos Hale for proceedings held on 02/27/2015 before Judge Judge James Jones. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter: Transcript due by 4/23/2015. (Moffett, Larry) |
Filing 456
ORDER granting #454 Motion for Modification of Scheduling Order. Signed by Judge James P. Jones on 3/19/15. (flc)
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| Filing 455 RESPONSE in Opposition re #454 MOTION for Extension of Time to File renewed Motion for Class Certification / Motion for Modification of Scheduling Order . filed by CNX Gas Company, LLC. (Sneathern, Larissa) |
| Filing 454 MOTION for Extension of Time to File renewed Motion for Class Certification / Motion for Modification of Scheduling Order by Jeffery Carlos Hale.Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit A - House Bill 2058, #2 Text of Proposed Order)(Moffett, Larry) |
| Filing 453 TRANSCRIPT of Proceedings: Scheduling Conference held on 2/27/15 before Judge James P. Jones. Court Reporter: Bridget A. Dickert, OCR, Telephone number: bridgetd@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANCRIPTS: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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/30/2015. Redacted Transcript Deadline set for 4/9/2015. Release of Transcript Restriction set for 6/5/2015. (bad) |
| Filing 452 NOTICE of Hearing:Renewed Motions for Class Certification Hearing set for 9/8/2015 thru 9/10/2015 at 9:00 a.m. in Abingdon before Judge James P. Jones. (flc) |
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Filing 451
SCHEDULING ORDER. Signed by Judge James P. Jones on 3/2/15. (flc)
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| Filing 449 TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by CNX Gas Company, LLC for proceedings held on 2/27/2015 reported by Court Reporter Bridget Dickert before Judge James P. Jones. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter: Transcript due by 3/6/2015. (Sneathern, Larissa) |
| Filing 448 Minute Entry for proceedings held before Judge James P. Jones: Scheduling Conference held on 2/27/2015. (Court Reporter Bridget Dickert.) (lml) |
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Filing 447
ORDER in re: Scheduling Conference. Signed by Judge James P. Jones on 2/18/15. (flc)
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| Filing 446 NOTICE of Hearing: Scheduling Conference via Teleconference set for 2/27/2015 at 10:00 a.m. in Abingdon before Judge James P. Jones. (flc) |
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Filing 445
ORAL ORDER granting #444 Motion to Withdraw as Attorney. Attorney Lee Adair Floyd terminated. Entered by Magistrate Judge Pamela Meade Sargent on 2/10/15. (flc)
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| Filing 444 MOTION to Withdraw as Attorney Lee Adair Floyd by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC.Motions referred to Judge Pamela Meade Sargent. (Gardner, Blair) |
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Filing 443
OPINION and ORDER granting #438 Motion for Protective Order. Signed by Judge James P. Jones on 2/6/15. (ejs)
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| Filing 442 REPLY to Response to Motion re #438 MOTION for Protective Order . filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit 1 - obit & death certificate, #2 Exhibit 2 - deed of gift, #3 Exhibit 3 - w9, #4 Exhibit 4 - email chain)(Sneathern, Larissa) |
| Filing 441 RESPONSE in Opposition re #438 MOTION for Protective Order . filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 440 Response re #435 Brief/Memorandum / REPLY CONCERNING ADDITIONAL PRE-CERTIFICATION DISCOVERY. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 439 Brief / Memorandum in Opposition re #435 Brief/Memorandum (Plaintiffs' Submission Regarding Additional Pre-Certification Discovery), Brief / Memorandum in Support re #438 MOTION for Protective Order . filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6 (affidavit of Jamie Cox-Kidd))(Sneathern, Larissa) |
| Filing 438 MOTION for Protective Order by CNX Gas Company, LLC. (Attachments: #1 Text of Proposed Order)(Sneathern, Larissa) Modified on 11/12/2014 to remove referral text from docket entry(flc). |
| Filing 437 Letter for Future Discovery by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC (Floyd, Lee) |
| Filing 435 Brief/Memorandum Plaintiffs Submission Concerning Pre-Certification Discovery. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
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Filing 434
ORDER denying without prejudice #431 Motion to Compel; and the plaintiff must file within 14 days the specific subject matter and method of any further discovery requested as to class certification, taking into account (1) the importance of any such discovery and (2) whether its burden and expense on theopposing party outweighs its likely benefits. The opposing party must respond within 14 days of service and the plaintiff may reply within 7 days of service. Signed by Judge James P. Jones on 10/14/14. (ejs)
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| Filing 433 AFFIDAVIT in Support re #431 MOTION to Compel . filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K)(Seltz, Daniel) |
| Filing 432 Brief / Memorandum in Support re #431 MOTION to Compel . filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 431 MOTION to Compel by Jeffery Carlos Hale.Motions referred to Judge Pamela Meade Sargent. (Seltz, Daniel) |
| Filing 430 USCA ORDER directing petitioners to pay $505.00 filing fee to the district court for filing and docketing the appeal when the petition for permission to appeal was granted.(ejs) |
| Filing 429 Letter for Response to letters from CNX and EQT this relates to Docket No. 421 by Jeffery Carlos Hale (Seltz, Daniel) |
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Filing 428
ORDER granting #425 Motion to Withdraw as Attorney. Attorney Lisa M. Lorish; Jacob Scott Woody; Catherine Paige Bobick and Meghan Mitchell Cloud terminated. Signed by Magistrate Judge Pamela Meade Sargent on 9/29/14. (ejs)
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Filing 427
ORDER denying without prejudice to later assertion #308 Motion for Summary Judgment; denying #311 Motion for Summary Judgment; denying #314 Motion for Summary Judgment; denying #362 Motion for Approval of Class Notices and Notice Program and Amendment of Class Definition; denying #373 Motion to Amend/Correct; denying #404 Motion for Partial Summary Judgment. Signed by Judge James P. Jones on 9/26/14. (flc)
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| Filing 426 MANDATE by Fourth Circuit Court of Appeals filed on 9/26/14.(flc) |
| Filing 425 MOTION to Withdraw as Attorney (Motion to Note Counsel No Longer of Record) by CNX Gas Company, LLC.Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Blank, Jonathan) |
| Filing 424 NOTICE of Appearance by James Francis Neale on behalf of CNX Gas Company, LLC (Neale, James) |
| Filing 423 NOTICE of Appearance by Larissa L. Paule-Carres Sneathern on behalf of CNX Gas Company, LLC (Sneathern, Larissa) |
| Filing 422 Letter for response to ECF No. 418 by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC (Floyd, Lee) |
| Filing 421 Letter for responding to Plaintiffs' 8/15/14 letter [ECF 418] by CNX Gas Company, LLC (Sneathern, Larissa) |
| Filing 420 Response re #418 Letter of September 15, 2014 from Plaintiffs' counsel. filed by Torch Oil & Gas Company. (Wright, Kathleen) |
| Filing 419 MEMORANDUM TO COUNSEL; Dft's reply to the 9/15/14 letter is due by 9/22/14. (flc) |
| Filing 418 Letter for Judge Jones dated 9-15-2014 Re Scheduling Issues by Jeffery Carlos Hale (Seltz, Daniel) |
| Filing 417 Letter to Judge Jones from David Stellings (ejs) |
| Filing 416 USCA Judgment entered on 8/19/14; VACATED and REMANDED District Court's decision. (Attachments: #1 Notice of Judgment)(flc) |
| Filing 415 USCA Memorandum Opinion decided on 8/19/14.(flc) |
| Filing 414 TRANSCRIPT of Proceedings: Motions held on 1/6/14 before Judge James P. Jones. Court Reporter: Bridget A. Dickert, OCR, Telephone number: bridgetd@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANCRIPTS: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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/18/2014. Redacted Transcript Deadline set for 8/28/2014. Release of Transcript Restriction set for 10/27/2014. (bad) |
| Filing 413 NOTICE by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC (Attachments: #1 Exhibit Oral Argument Schedule)(Floyd, Lee) |
| Filing 412 REPLY to Response to Motion re #404 MOTION for Partial Summary Judgment Based on Statute of Limitations and Laches . filed by CNX Gas Company, LLC. (Lorish, Lisa) |
| Filing 411 RESPONSE in Opposition re #404 MOTION for Partial Summary Judgment Based on Statute of Limitations and Laches . filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 410 Response re #409 Response, AND IN SUPPORT OF PLAINTIFFS' MOTION FOR APPROVAL OF CLASS NOTICES AND NOTICE PROGRAM AND TO AMEND THE CLASS DEFINITION. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit A)(Alexander, Elizabeth) |
| Filing 409 Sur-Reply to Plaintiffs' Omnibus Reply Brief in Support of Plaintiffs' Motion for Approval of the Form and Content of Notice and to Amend the Class Definition. filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(flc) Modified on 4/24/2014 to correct filing date to reflect 4/23/14(flc). |
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Filing 408
MINUTE ORDER granting #406 DEFENDANT CNX GAS COMPANY LLC's MOTION TO FILE SUR-REPLY TO PLAINTIFFS OMNIBUS REPLY BRIEF IN SUPPORT OF PLAINTIFFS MOTION FOR APPROVAL OF THE FORM AND CONTENT OF NOTICE AND TO AMEND THE CLASS DEFINITION. The Clerk is directed to forthwith file the Sur-Reply, which is attached as an exhibit to the Motion. Plaintiffs are GRANTED leave to file a response to the Sur-Reply, provided it is filed within 14 days of this date. The Court does not intend to allow oral argument, in light of the extensive briefing permitted. Signed by Judge James P. Jones on 4/23/2014. (JPJ)
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Filing 407
MINUTE ORDER granting #385 Motion for Extension of Time to File Response to April 2, 2014. The response was filed on that day. Signed by Judge James P. Jones on 4/23/2014. (JPJ)
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| Filing 406 MOTION for Leave to File Sur-Reply to Plaintiffs' Omnibus Reply Brief in Support of Plaintiffs' Motion for Approval of the Form and Content of Notice and to Amend the Class Definition by CNX Gas Company, LLC.Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit Proposed Sur-reply with Exhibits)(Lorish, Lisa) |
| Filing 405 Brief / Memorandum in Support re #404 MOTION for Partial Summary Judgment Based on Statute of Limitations and Laches . filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit, #2 Exhibit)(Lorish, Lisa) |
| Filing 404 MOTION for Partial Summary Judgment Based on Statute of Limitations and Laches by CNX Gas Company, LLC. (Lorish, Lisa) |
| Filing 403 Letter for for Judge Sargent in response to CNX's letter requesting hearing by Jeffery Carlos Hale (Alexander, Elizabeth) |
| Filing 402 AFFIDAVIT in Support re #398 Affidavit in Support of Motion Corrected Affidavit of Larry D. Moffett by Jeffery Carlos Hale. (Attachments: #1 Exhibit 1)(Alexander, Elizabeth) |
| Filing 401 Letter for Judge Pamela Sargent with Request for Hearing on Plaintiffs' Motions for Approval for Class Notice and Notice Program by CNX Gas Company, LLC (Blank, Jonathan) |
| Filing 400 AFFIDAVIT in Support re #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition Declaration of Tore Hodne. filed by Jeffery Carlos Hale. (Alexander, Elizabeth) |
| Filing 399 AFFIDAVIT in Support re #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition Declaration of Shannon D. Wheatman. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit 1)(Alexander, Elizabeth) |
| Filing 398 AFFIDAVIT in Support re #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition by Larry D. Moffett. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit 1)(Alexander, Elizabeth) |
| Filing 397 Additional Evidence re #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition Exhibit A and Exhibit B to #396 Response in Support . filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit B)(Alexander, Elizabeth) Modified on 4/15/2014 - corrected docket text to reflect Exhibits A & B to Response in Support (ejs). |
| Filing 396 RESPONSE in Support re #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition . filed by Jeffery Carlos Hale. (Attachments: #1 Civil Cover Sheet)(Alexander, Elizabeth) |
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Filing 395
ORDER staying #389 Order entered 3/24/14 only insofar as it required the defendant to produce payment histories for all of its Virginia coalbed methane, (CBM), wells (class and nonclass) for the month of January for each year from 2007 to the present; and setting deadlines for the parties to confer as to additional information. Signed by Magistrate Judge Pamela Meade Sargent on 4/9/14. (ejs)
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| Filing 394 FTR Log Notes for Evidentiary Hearing in the Abingdon Division held before Judge Pamela Meade Sargent on 4/9/14. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: Ella Surber (ejs) |
| Filing 393 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Evidentiary Hearing held on 4/9/2014. (Court Reporter Ella Surber, FTR.) (ejs) |
| Filing 392 RESPONSE in Opposition re #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition . filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Lorish, Lisa) |
| Filing 391 RESPONSE in Opposition re #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition . filed by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC. (Attachments: #1 Exhibit Wheatman Dep.)(Floyd, Lee) |
| Filing 390 NOTICE of Hearing: Evidentiary Hearing set for 4/9/2014 09:30 AM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
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Filing 389
ORDER that CNX shall produce various payment histories in a mutually agreed upon electronic format and such histories shall be treated as confidential attorneys' eyes only materials; taking under advisement plaintiff's request to reconsider 3/11/14 order; and counsel shall contact the Clerk's office within 7 days to schedule an evidentiary hearing. Signed by Magistrate Judge Pamela Meade Sargent on 3/24/14. (ejs)
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| Filing 388 Response re #387 Response to CNX's response to memorandum order on motion to compel payment histories. filed by CNX Gas Company, LLC. (Blank, Jonathan) |
| Filing 387 Response re #386 Response to CNX's Response to Memorandum Order. filed by Jeffery Carlos Hale. (Moffett, Larry) |
| Filing 386 Response re #376 Response to Plaintiffs' Submission in Response to Memorandum Order on Motion to Compel Payment Histories. filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit 1 - Affidavit of Jason L. Mumford)(Lorish, Lisa) |
| Filing 385 MOTION for Extension of Time to File Response/Reply as to #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC.Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Gardner, Blair) |
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Filing 384
ORDER granting #383 Motion for Extension of Time to File Response/Reply. Signed by Judge James P. Jones on 3/19/14. (flc)
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| Filing 383 MOTION for Extension of Time to File Response/Reply as to #375 Response in Opposition to Motion by Jeffery Carlos Hale. (Attachments: #1 Text of Proposed Order)(Shaver, Jennifer) Modified on 3/19/2014 to remove referral text(flc). |
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Filing 382
ORDER granting #366 Motion for Extension of Time to File Response/Reply( Defendant's Responses due by 4/2/2014); denying #380 Motion for Protective Order. Signed by Judge James P. Jones on 3/14/14. (flc)
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| Filing 381 Brief / Memorandum in Opposition re #380 MOTION for Protective Order Prohibiting Discovery Of Shannon Wheatman . filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit Depo. of K. Kinsella)(Blank, Jonathan) |
| Filing 380 MOTION for Protective Order Prohibiting Discovery Of Shannon Wheatman by Jeffery Carlos Hale.Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit A)(Alexander, Elizabeth) |
| Filing 379 RESPONSE to Motion re #373 MOTION to Amend/Correct Class Definitions . filed by Jeffery Carlos Hale. (Seltz, Daniel) |
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Filing 378
ORDER denying #363 Motion to Stay. Signed by Judge James P. Jones on 3/12/14. (flc)
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| Filing 377 Minute Entry for proceedings held before Judge James P. Jones: Motion Hearing held on 3/12/2014 via Conference Call re #366 MOTION for Extension of Time to File Response/Reply as to #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition filed by CNX Gas Company, LLC, #363 Joint MOTION to Stay Proceedings for 90 Days filed by CNX Gas Company, LLC, Harrison-Wyatt, LLC, Commonwealth Coal Corporation, Buckhorn Coal Company. (Court Reporter Bridget Dickert.) (lml) |
| Filing 376 Response re #372 Order on Motion to Compel . filed by Jeffery Carlos Hale. (Moffett, Larry) |
| Filing 375 RESPONSE in Opposition re #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition . filed by Torch Oil & Gas Company. (Wright, Kathleen) |
| Filing 374 Brief / Memorandum in Support re #373 MOTION to Amend/Correct Class Definitions . filed by CNX Gas Company, LLC. (Lorish, Lisa) |
| Filing 373 MOTION to Amend/Correct Class Definitions by CNX Gas Company, LLC. (Lorish, Lisa) Modified on 3/17/2014 to remove referral text (flc). |
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Filing 372
ORDER granting in part and denying in part #344 Motion to Compel. Signed by Magistrate Judge Pamela Meade Sargent on 03/11/14. (Bordwine, Robin)
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| Filing 371 Letter for attachment of affidavit from Jason L. Mumford regarding the burden in responding to Request for Production No. 12 by CNX Gas Company, LLC (Attachments: #1 Affidavit of Jason L. Mumford)(Lorish, Lisa) |
| Filing 370 RESPONSE in Opposition re #363 Joint MOTION to Stay Proceedings for 90 Days Opposition to Second Motion to Stay Proceedings. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 369 NOTICE of Hearing on Motion via Teleconference (No Interpreter requested) #366 MOTION for Extension of Time to File Response/Reply as to #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition , #363 Joint MOTION to Stay Proceedings for 90 Days : Motion Hearing set for 3/12/2014 at 1:30 p.m. in Abingdon before Judge James P. Jones. *COURT REPORTER REQUIRED*(flc) |
| Filing 368 REPLY to Response to Motion re #366 MOTION for Extension of Time to File Response/Reply as to #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition . filed by CNX Gas Company, LLC. (Lorish, Lisa) |
| Filing 367 Brief / Memorandum in Opposition re #366 MOTION for Extension of Time to File Response/Reply as to #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition . filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit A)(Seltz, Daniel) |
| Filing 366 MOTION for Extension of Time to File Response/Reply as to #362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition by CNX Gas Company, LLC. (Lorish, Lisa) Modified on 3/10/2014 to remove referral text(flc). |
| Filing 365 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Motion Hearing held on 3/7/2014 re #344 MOTION to Compel Payment Histories filed by Jeffery Carlos Hale. (Court Reporter Bridget Dickert, OCR.) (ejs) |
| Filing 364 Email from Daniel E. Seltz to Judge Jones and Judge Sargent regarding Motion to Stay (ejs) |
| Filing 363 Joint MOTION to Stay Proceedings for 90 Days by Buckhorn Coal Company, CNX Gas Company, LLC, Commonwealth Coal Corporation, Harrison-Wyatt, LLC.Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit Certificate of Appeal, #2 Exhibit Swords Creek Petition for Appeal, #3 Exhibit Oral Argument Order, #4 Text of Proposed Order)(Floyd, Lee) |
| Filing 362 MOTION for Approval of Class Notices and Notice Program and Amendment of Class Definition by Jeffery Carlos Hale.Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit A - Wheatman Declaration)(Alexander, Elizabeth) |
| Filing 361 NOTICE of Hearing (CONFERENCE CALL) on Motion #344 MOTION to Compel Payment Histories : Motion Hearing set for 3/7/2014 10:00 AM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
| Filing 360 Notice of Cancellation of Motion Hearing set 2/13/14 at 1:30 p.m. before Judge Pamela Meade Sargent. (To be rescheduled) (ejs) |
| Filing 359 NOTICE of Hearing on Motion #344 MOTION to Compel Payment Histories : Motion Hearing set for 2/13/2014 01:30 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
| Filing 358 Minute Entry for proceedings held before Judge James P. Jones: Motion Hearing held on 1/6/2014 re #311 MOTION for Summary Judgment filed by Jeffery Carlos Hale, #314 MOTION for Summary Judgment filed by Jeffery Carlos Hale, #308 MOTION for Summary Judgment filed by Jeffery Carlos Hale. (Court Reporter Bridget Dickert.) (lml) |
| Filing 357 RESPONSE in Support re #344 MOTION to Compel Payment Histories . filed by Jeffery Carlos Hale (on behalf of himself and all others similarly situated). (Moffett, Larry) |
| Filing 356 REPLY to Response to Motion re #311 MOTION for Summary Judgment , #308 MOTION for Summary Judgment . filed by Jeffery Carlos Hale (on behalf of himself and all others similarly situated). (Attachments: #1 Exhibit Letter opinion, #2 Exhibit Davidson order, #3 Exhibit HW trial court order, #4 Exhibit Ratliff complaint and deeds, #5 Exhibit Ratliff well info, #6 Exhibit HW appellant brief, #7 Exhibit Robinson order, #8 Exhibit Pobst MSJ, #9 Exhibit GR resp to MSJ, #10 Exhibit Rowe order, #11 Exhibit GR reconsideration motion, #12 Exhibit Pobst response, #13 Exhibit Letter opinion, #14 Exhibit GR objection, #15 Exhibit Hale consent, #16 Exhibit Wade well info)(Herrington, Brian) |
| Filing 355 REPLY to Response to Motion re #311 MOTION for Summary Judgment re the BCH-W Defendants' claims. filed by Jeffery Carlos Hale (on behalf of himself and all others similarly situated). (Attachments: #1 Exhibit Letter opinion)(Herrington, Brian) |
| Filing 354 RESPONSE in Opposition re #344 MOTION to Compel Payment Histories . filed by CNX Gas Company, LLC. (Blank, Jonathan) |
| Filing 353 NOTICE of Hearing on Motions (No Interpreter requested) #311 MOTION for Summary Judgment , #314 MOTION for Summary Judgment , #308 MOTION for Summary Judgment : Motion Hearing set for 1/6/2014 at 2:30 p.m. in Abingdon before Judge James P. Jones. (flc) |
| Filing 352 REPLY to Response to Motion re #314 MOTION for Summary Judgment re: Accounting. filed by Jeffery Carlos Hale. (McMullan, David) |
| Filing 351 AFFIDAVIT in Support re #308 MOTION for Summary Judgment Reply Declaration of Daniel E. Seltz. filed by Jeffery Carlos Hale. (Attachments: #1 Ex A, #2 Ex B, #3 Ex C, #4 Ex D, #5 Ex E, #6 Ex F, #7 Ex G, #8 Ex H, #9 Ex I)(Seltz, Daniel) |
| Filing 350 RESPONSE in Support re #308 MOTION for Summary Judgment Plaintiffs' Reply Memorandum In Support of Motion for Summary Judgment on Ownership. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
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Filing 349
ORDER granting #347 MOTION for Extension of Time to File Response/Reply as to #333 Response in Opposition to Motion,, #335 Response in Opposition to Motion, #334 Response in Opposition to Motion, Responses due by 12/6/2013. Signed by Judge James P. Jones on 11/21/13. (flc)
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Filing 348
ORDER Setting Response Deadline as to #344 MOTION to Compel Payment Histories :(Defendant's Responses due by 12/6/2013). Signed by Magistrate Judge Pamela Meade Sargent on 11/22/13. (ejs)
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| Filing 347 MOTION for Extension of Time to File Response/Reply as to #333 Response in Opposition to Motion,, #335 Response in Opposition to Motion, #334 Response in Opposition to Motion, by Jeffery Carlos Hale.Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Shaver, Jennifer) |
| Filing 346 Notice of Correction - Per Request of counsel Docket Entry #346 deleted by Clerk. Pleading contained an error. Corrected pleading to be refiled by attorney. (ejs) |
| Filing 345 Brief / Memorandum in Support re #344 MOTION to Compel Payment Histories . filed by Jeffery Carlos Hale. (Alexander, Elizabeth) |
| Filing 344 MOTION to Compel Payment Histories by Jeffery Carlos Hale.Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit A - CNX response to 8-2-13 requests, #2 Exhibit B - 10-14-13 email, #3 Exhibit C - 11-18-13 email)(Alexander, Elizabeth) |
| Filing 343 TRANSCRIPT of Proceedings: Motions held on 10/16/13 before Judge James P. Jones. Court Reporter: Bridget A. Dickert, OCR, Telephone number: bridgetd@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANCRIPTS: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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/10/2013. Redacted Transcript Deadline set for 12/20/2013. Release of Transcript Restriction set for 2/18/2014. (bad) |
| Filing 342 USCA Order consolidating cases as noted.(flc) |
| Filing 341 USCA Order denying motion for stay pending appeal. (Buckhorn Coal Co. LLLP; Comomonwealth Coal Corporation; Harrison-Wyatt, LLC.)(flc) |
| Filing 340 USCA Order denying motion to stay pending appeal.(flc) |
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Filing 339
ORDER granting re #338 MOTION for Extension of Time to File Response/Reply as to #311 MOTION for Summary Judgment , #314 MOTION for Summary Judgment , #308 MOTION for Summary Judgment Unopposed Motion For Extension Of Time To File Rep Responses due by 11/22/2013. Signed by Judge James P. Jones on 11/12/13. (ejs)
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| Filing 338 MOTION for Extension of Time to File Response/Reply as to #311 MOTION for Summary Judgment , #314 MOTION for Summary Judgment , #308 MOTION for Summary Judgment Unopposed Motion For Extension Of Time To File Reply Briefs by Jeffery Carlos Hale (on behalf of himself and all others similarly situated).Motions referred to Judge Pamela Meade Sargent. (Seltz, Daniel) |
| Filing 337 Brief / Memorandum in Opposition re #314 MOTION for Summary Judgment re: Accounting. filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit 1 - March 1998 VGOB Hearing Transcript (excerpts), #2 Exhibit 2 - Addison Deposition (excerpts), #3 Exhibit 3 - June 2006 VGOB Minutes, #4 Exhibit 4 - September 2006 VGOB Minutes, #5 Exhibit 5 - September 2006 VGOB Hearing Transcript, #6 Exhibit 6 - CNX Gas Collection Data, #7 Exhibit 7 - April 2008 VGOB Minutes, #8 Exhibit 8 - June 2008 VGOB Minutes, #9 Exhibit 9 - December 2008 VGOB Work Committee Meeting Transcript, #10 Exhibit 10 - March 2009 VGOB Minutes, #11 Exhibit 11 - 2007 CNX Gas Collection, #12 Exhibit 12 - December 2009 Minutes)(Lorish, Lisa) |
| Filing 336 Brief / Memorandum in Opposition re #308 MOTION for Summary Judgment re: Ownership. filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit 1 - Affidavit of Anita Duty, #2 Exhibit 2 - Harrison-Wyatt Severance Deed, #3 Exhibit 3 - Harrison-Wyatt Severance Deed, #4 Exhibit 4 - Commonwealth Coal Corp Letter)(Lorish, Lisa) |
| Filing 335 RESPONSE in Opposition re #311 MOTION for Summary Judgment on Counterclaims. filed by Torch Oil & Gas Company. (Wright, Kathleen) |
| Filing 334 RESPONSE in Opposition re #308 MOTION for Summary Judgment on Conflicts. filed by Torch Oil & Gas Company. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 3, #8 Exhibit 4, #9 Exhibit 5, #10 Exhibit 6, #11 Exhibit 7, #12 Exhibit 8, #13 Exhibit 9, #14 Exhibit 10, #15 Exhibit 11, #16 Exhibit 12)(Wright, Kathleen) |
| Filing 333 RESPONSE in Opposition re #311 MOTION for Summary Judgment . filed by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC. (Attachments: #1 Exhibit Buckhorn Lease, #2 Exhibit Commonwealth Lease, #3 Exhibit Harrison-Wyatt Lease, #4 Exhibit Opinion Letter (May 2, 2013), #5 Exhibit Addison Deposition, #6 Exhibit Pooling Order, #7 Exhibit Addison Severance Deed, #8 Exhibit Hale Severance Deed, #9 Exhibit Harrison-Wyatt Mineral Cards, #10 Exhibit Commonwealth Abstract of Title, #11 Exhibit Hearing Transcript (August 23, 2013))(Gardner, Blair) |
| Filing 332 TRANSCRIPT REQUEST (COPY *Only applies if original transcript has been ordered Service) by Jeffery Carlos Hale for proceedings held on 10/16/2013 reported by Court Reporter Bridget Dickert before Judge James P. Jones. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter: (Barrett, Charles) |
| Filing 330 TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by CNX Gas Company, LLC for proceedings held on 10/16/2013 reported by Court Reporter Bridget Dickert before Judge James P. Jones. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter: Transcript due by 10/25/2013. (Blank, Jonathan) |
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Filing 329
ORDER denying #318 Motion to Stay; granting in part and denying in part re #320 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motions for Summary Judgment ( Responses due by 11/5/2013); denying #321 Motion to Stay; denying #324 Motion to Stay. Signed by Judge James P. Jones on 10/17/13. (ejs)
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| Filing 328 Minute Entry for proceedings held before Judge James P. Jones: Motion Hearing held on 10/16/2013 re #324 MOTION to Stay re #321 MOTION to Stay Proceedings, #318 MOTION to Stay Pending Interlocutory Review and/or to Extend Time to Respond to Plaintiff's Motion for Summary Judgment filed by Torch Oil & Gas Company, #321 MOTION to Stay Proceedings filed by Harrison-Wyatt, LLC, Commonwealth Coal Corporation, Buckhorn Coal Company, #320 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motions for Summary Judgment filed by CNX Gas Company, LLC. (Court Reporter Bridget Dickert.) (lml) |
| Filing 327 Notification from 4CCA to the District Court in re: petitions for leave to appeal; Appellate Case No: 13-419; Case Manager: Cathy Poulsen. (Attachments: #1 Petition for Leave to Appeal Class Certification Order in 4CCA, #2 Corporate Disclosure Statements)(flc) |
| Filing 326 Letter to the Court re: courtesy copies of pleadings by Jeffery Carlos Hale (lml) |
| Filing 325 TRANSCRIPT of Proceedings: Motions held on 9/12/13 before Judge James P. Jones. Court Reporter: Bridget A. Dickert, OCR, Telephone number: bridgetd@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANCRIPTS: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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/6/2013. Redacted Transcript Deadline set for 11/18/2013. Release of Transcript Restriction set for 1/14/2014. (bad) |
| Filing 324 MOTION to Stay re #321 MOTION to Stay Proceedings, #318 MOTION to Stay Pending Interlocutory Review and/or to Extend Time to Respond to Plaintiff's Motion for Summary Judgment by Torch Oil & Gas Company. (Wright, Kathleen) Modified on 10/16/2013 to remove referral text from docket entry (flc). |
| Filing 323 NOTICE of Hearing via Teleconference on Motion (No Interpreter requested) #321 MOTION to Stay Proceedings, #320 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motions for Summary Judgment, #318 MOTION to Stay Pending Interlocutory Review : Motion Hearing via Teleconference set for 10/16/2013 at 4:00 p.m. in Abingdon before Judge James P. Jones. *COURT REPORTER REQUIRED*(flc) |
| Filing 322 Brief / Memorandum in Support re #321 MOTION to Stay Proceedings . filed by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC. (Gardner, Blair) |
| Filing 321 MOTION to Stay Proceedings by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC. (Gardner, Blair) Modified on 10/16/2013 to remove referral text from docket entry (flc). |
| Filing 320 MOTION for Extension of Time to File Response/Reply to Plaintiffs' Motions for Summary Judgment by CNX Gas Company, LLC.Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Lorish, Lisa) |
| Filing 319 Brief / Memorandum in Support re #318 MOTION to Stay Pending Interlocutory Review . filed by CNX Gas Company, LLC. (Lorish, Lisa) |
| Filing 318 MOTION to Stay Pending Interlocutory Review by CNX Gas Company, LLC. (Lorish, Lisa) Modified on 10/15/2013 to remove referral text from docket entry (flc). |
| Filing 317 Letter Re: Mediation by Jeffery Carlos Hale (ejs) |
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Filing 316
ORDER setting response deadline as to #314 MOTION for Summary Judgment , #308 MOTION for Summary Judgment , #311 MOTION for Summary Judgment :(Defendant's Responses due by 10/25/2013). Signed by Magistrate Judge Pamela Meade Sargent on 10/10/13. (ejs)
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| Filing 315 Brief / Memorandum in Support re #314 MOTION for Summary Judgment . filed by Jeffery Carlos Hale. (McMullan, David) |
| Filing 314 MOTION for Summary Judgment by Jeffery Carlos Hale. (McMullan, David) |
| Filing 313 AFFIDAVIT in Support re #311 MOTION for Summary Judgment . filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Shaver, Jennifer) |
| Filing 312 Brief / Memorandum in Support re #311 MOTION for Summary Judgment . filed by Jeffery Carlos Hale. (Shaver, Jennifer) |
| Filing 311 MOTION for Summary Judgment by Jeffery Carlos Hale. (Shaver, Jennifer) |
| Filing 310 AFFIDAVIT in Support re #308 MOTION for Summary Judgment . filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit A, #2 Exhibit B)(Seltz, Daniel) |
| Filing 309 Brief / Memorandum in Support re #308 MOTION for Summary Judgment . filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 308 MOTION for Summary Judgment by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 307 Letter from Judge Sargent to counsel regarding her availability for settlement conference. (Bordwine, Robin) |
| Filing 306 TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by Jeffery Carlos Hale for proceedings held on 9/12/13 reported by Court Reporter Bridget Dickert before Judge Judge James P. Jones. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter: Transcript due by 10/8/2013. (Barrett, Charles) |
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Filing 305
ORDER denying Objections; granting #76 Motion to Certify Class; granting #173 Motion to Certify Class; adopting #272 Report and Recommendations. Signed by Judge James P. Jones on 9/30/13. (flc)
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| Filing 304 Letter response to Plaintiffs' 9/16/13 letter by CNX Gas Company, LLC (Lorish, Lisa) |
| Filing 303 TRANSCRIPT REQUEST (Expedited-7 calendar days Service) by CNX Gas Company, LLC for proceedings held on 9/12/2013 reported by Court Reporter Bridget Dickert before Judge James P. Jones. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter: Transcript due by 9/27/2013. (Blank, Jonathan) |
| Filing 302 Letter regarding proposed class definitions by Jeffery Carlos Hale (Seltz, Daniel) |
| Filing 301 NOTICE of Appearance by Jennifer Lindsey Shaver on behalf of Jeffery Carlos Hale (Shaver, Jennifer) |
| Filing 300 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Settlement Conference held on 9/12/2013 with counsel for plaintiffs, CNX and Torch. (PMS) |
| Filing 299 Minute Entry for proceedings held before Judge James P. Jones: Oral Argument Hearing held on 9/12/2013. Matters were taken under advisement. Order forthcoming. (Court Reporter Bridget Dickert, OCR.) (flc) |
| Filing 298 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Telephone Conference held on 9/9/2013 with Counsel Shaver and Blank scheduling Settlement Conference for 1:30 p.m. September 12, 2013, before Magistrate Judge Sargent. (PMS) |
| Filing 297 NOTICE by CNX Gas Company, LLC re #281 Objection to Report and Recommendations,, Notice of Supplemental Authorities (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Lorish, Lisa) |
| Filing 296 TRANSCRIPT of Proceedings: Motion Hearing held on 7/18/2013 before Judge Pamela Meade Sargent. Court Reporter/Transcriber Judy Webb, Telephone number 540-857-5100 X 5333/judyw@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANCRIPTS: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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/20/2013. Redacted Transcript Deadline set for 9/30/2013. Release of Transcript Restriction set for 11/29/2013. (jw) |
| Filing 295 Response re #286 Amended Answer to Complaint (Pl's Answer to CNX's CounterClaim). filed by Jeffery Carlos Hale. (Barrett, Charles) |
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Filing 294
ORDER that the issued raised in MOTION to Quash Plaintiff's Subpoena to Produce Documents #268 filed by Robinson Farmer Cox Associates, PLLC are resolved and no adjudication by the court is necessary. Signed by Magistrate Judge Pamela Meade Sargent on 8/5/13. (ejs)
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| Filing 293 AFFIDAVIT re #291 Response, #279 Objection to Report and Recommendations, On Motions for Class Certification by Jeffery Carlos Hale (Attachments: #1 Exhibit Cox-Kidd Deposition, #2 Exhibit Duty Deposition, #3 Exhibit BCH-W Discovery Responses)(McMullan, David) |
| Filing 292 Notice of Correction - Per request of counsel, Jen Shaver, Docket Entry 292 deleted as it contained confidential information. Document to be refiled by counsel. (ejs) |
| Filing 291 Response re #279 Objection to Report and Recommendations, On Motions for Class Certification. filed by Jeffery Carlos Hale. (McMullan, David) |
| Filing 290 AFFIDAVIT re #280 Objection to Report and Recommendations, #289 Response On Motions for Class Certification by Jeffery Carlos Hale (Attachments: #1 Exhibit Torch Discovery Responses)(McMullan, David) |
| Filing 289 Response re #280 Objection to Report and Recommendations On Motions for Class Certification. filed by Jeffery Carlos Hale. (McMullan, David) |
| Filing 288 AFFIDAVIT re #281 Objection to Report and Recommendations,, on Motions for Class Certification by Jeffery Carlos Hale (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Seltz, Daniel) |
| Filing 287 Response re #281 Objection to Report and Recommendations,, on Motions for Class Certification. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 286 AMENDED ANSWER to #166 Amended Complaint and Affirmative Defenses and Counterclaim by CNX Gas Company, LLC. (Lorish, Lisa) |
| Filing 285 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Telephone conference held with Counsel Moffet and Bland on 7/25/2013 regarding scheduling of settlement conference. (PMS) |
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Filing 284
ORDER granting #261 Motion for Leave to File Amended Answer; party shall file amended answer within 7 days of date of entry of this order; plt. shall file responsive pleading to the counterclaims within 21 days of the date of filing of the amended answer. Signed by Magistrate Judge Pamela Meade Sargent on 7/22/13. (flc)
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| Filing 283 FTR Log Notes for Motion Hearing in the Abingdon Division held before Judge Pamela Meade Sargent on 7/18/13. In accordance with 28 USC 753(b), I certify that I monitored the digital recording of this proceeding and that it is a true and correct record, that it is sufficiently intelligible when played on the FTR (For the Record) Player, and that it can be transcribed without undue difficulty. FTR Operator: Ella Surber (ejs) |
| Filing 282 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Motion Hearing held on 7/18/2013 re #216 MOTION to Compel Production of Documents Regarding Internal Suspense Accounts and Title Opinions filed by Jeffery Carlos Hale, #208 MOTION to Compel Production of Documents and Responses to Interrogatories filed by Jeffery Carlos Hale, #261 MOTION for Leave to File Amended Answer and Affirmative Defenses and Counterclaim filed by CNX Gas Company, LLC. (Court Reporter Ella Surber, FTR.) (ejs) |
| Filing 281 OBJECTION to #272 Report and Recommendations by CNX Gas Company, LLC. (Attachments: #1 Exhibit 1 - AZ109 Repooling Order, #2 Exhibit 2 - EE24 Supplemental Pooling Order, #3 Exhibit 3 - Stuart Buckhorn Deed, #4 Exhibit 4 - Master Scheduling Order, #5 Exhibit 5 - Affidavit of Jason L. Mumford, #6 Exhibit 6 - VGOB Work Cmte. Trans. Dec 18, 2008, #7 Exhibit 7 - Pla. Interrog. Response Excerpts, #8 Exhibit 8 - Heirs of Deskins Leases, #9 Exhibit 9 - Jessee Lease)(Lorish, Lisa) |
| Filing 280 OBJECTION to #272 Report and Recommendations by Torch Oil & Gas Company. (Wright, Kathleen) |
| Filing 279 OBJECTION to #272 Report and Recommendations by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC. (Attachments: #1 Exhibit Addison Deposition Testimony, #2 Exhibit Example E-Mail, #3 Exhibit Example Pooling Designations, #4 Exhibit Circuit Court Scheduling Order)(Gardner, Blair) |
| Filing 278 NOTICE of Hearing #216 MOTION to Compel Production of Documents Regarding Internal Suspense Accounts and Title Opinions, #208 MOTION to Compel Production of Documents and Responses to Interrogatories, #261 MOTION for Leave to File Amended Answer and Affirmative Defenses and Counterclaim : Motion Hearing set for 7/18/2013 01:00 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (Bordwine, Robin) |
| Filing 277 NOTICE OF HEARING: Status Conference set for 7/18/2013 01:00 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (Bordwine, Robin) |
| Filing 276 NOTICE OF HEARING on #268 MOTION to Quash Plaintiff's Subpoena to Produce Documents : Motion Hearing set for 7/18/2013 01:00 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (Bordwine, Robin) |
| Filing 275 NOTICE of Hearing: Oral Argument Hearing set for 9/12/2013 at 9:00 a.m. in Abingdon before Judge James P. Jones. (flc) |
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Filing 274
CONSENT ORDER extending deadlines as to #272 REPORT AND RECOMMENDATIONS re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative filed by Jeffery Carlos Hale, #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Repre :( Objections to R&R due by 7/3/2013; Replies due by 7/31/2013). Signed by Magistrate Judge Pamela Meade Sargent on 6/10/13. (flc)
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| Filing 273 Letter to counsel from Magistrate Judge Sargent regarding pending motions. (PMS) |
| Filing 272 REPORT AND RECOMMENDATIONS re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative filed by Jeffery Carlos Hale, #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Representative filed by Jeffery Carlos Hale. Objections to R&R due by 6/24/2013. Signed by Magistrate Judge Pamela Meade Sargent on 6/5/13. (Bordwine, Robin) |
| Filing 271 AFFIDAVIT re #270 Response in Opposition to Motion Declaration of Daniel E. Seltz In Support Of Plaintiffs Response To Non-Party Robinson, Farmer, Cox Associates, Pllcs Objection And Motion To Quash Plaintiffs Subpoena To Produce Documents by Jeffery Carlos Hale (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O)(Seltz, Daniel) |
| Filing 270 RESPONSE in Opposition re #268 MOTION to Quash Plaintiff's Subpoena to Produce Documents . filed by Jeffery Carlos Hale. (Seltz, Daniel) |
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Filing 269
Order to Respond to Non-Party Robinson, Farmer, Cox Associates' Motion to Quash Plaintiff's Subpoena #268 . Plaintiff's responses due by 5/28/2013. Signed by Magistrate Judge Pamela Meade Sargent on 5/14/13. (Bordwine, Robin)
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| Filing 268 MOTION to Quash Plaintiff's Subpoena to Produce Documents by Robinson Farmer Cox Associates, PLLC. (Schlichting, Nancy) |
| Filing 267 Correspondence to and from counsel and Judge James P. Jones. (flc) |
| Filing 266 Response re #264 Letter Providing Notice of Supplemental Authority. filed by CNX Gas Company, LLC. (Lorish, Lisa) |
| Filing 265 REPLY to Response to Motion re #261 MOTION for Leave to File Amended Answer and Affirmative Defenses and Counterclaim. filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit 1 - Revised Amended Answer and Affirmative Defenses and Counterclaim)(Lorish, Lisa) |
| Filing 264 Letter for Submitting United States Supreme Court Authority by Jeffery Carlos Hale (Seltz, Daniel) |
| Filing 263 RESPONSE to Motion re #261 MOTION for Leave to File Amended Answer and Affirmative Defenses and Counterclaim and Memorandum In Support Thereof. filed by Jeffery Carlos Hale. (McMullan, David) |
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Filing 262
ORDER setting response deadline to #261 MOTION for Leave to File Amended Answer and Affirmative Defenses and Counterclaim #261 filed by CNX Gas Company, LLC, (Plaintiff's Responses due by 2/28/2013). Signed by Magistrate Judge Pamela Meade Sargent on 2/14/13. (ejs)
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| Filing 261 MOTION for Leave to File Amended Answer and Affirmative Defenses and Counterclaim by CNX Gas Company, LLC.Motions referred to Judge Pamela Meade Sargent. (Attachments: #1 Exhibit 1 - Proposed Amended Answer and Affirmative Defenses and Counterclaim)(Lorish, Lisa) |
| Filing 260 TRANSCRIPT of Proceedings: Motions Hearing held on 11/30/12 before Judge Pamela M. Sargent. Court Reporter: Bridget A. Dickert, OCR, Telephone number: bridgetd@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANCRIPTS: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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/4/2013. Redacted Transcript Deadline set for 3/14/2013. Release of Transcript Restriction set for 5/13/2013. (bad) |
| Filing 259 TRANSCRIPT REQUEST (Ordinary-30 calendar days Service) by CNX Gas Company, LLC for proceedings held on 6/4/2012 reported by Court Reporter Judy Webb before Judge Pamela Meade Sargent. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter: Transcript due by 2/19/2013. (Blank, Jonathan) |
| Filing 258 TRANSCRIPT of Proceedings: Motion Hearing held on 6/4/2012 before Judge Pamela Meade Sargent. Court Reporter/Transcriber Judy Webb, Telephone number 540-857-5100 X 5333/judyw@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANCRIPTS: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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/7/2013. Redacted Transcript Deadline set for 2/19/2013. Release of Transcript Restriction set for 4/17/2013. (jw) |
| Filing 257 Notice of Correction; clerk deleted original DE 251; counsel filed pleading in wrong case number; pleading should be filed in case no. 1:10-cv-65. (flc) |
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Filing 256
MINUTE ORDER granting #241 Motion for Leave to File Sur-Reply. Signed by Magistrate Judge Pamela Meade Sargent on 1/14/13. (PMS)
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| Filing 255 NOTICE by Jeffery Carlos Hale of Service of Interrogatories, Requests for Admission and Requests for Production of Documents to Torch Oil & Gas Company (Herrington, Brian) |
| Filing 254 NOTICE by Jeffery Carlos Hale of Service of Interrogatories, Requests for Admission and Requests for Production of Documents to Harrison-Wyatt, LLC (Herrington, Brian) |
| Filing 253 NOTICE by Jeffery Carlos Hale of Service of Interrogatories, Requests for Admission and Requests for Production of Documents to Commonwealth Coal Corporation (Herrington, Brian) |
| Filing 252 NOTICE by Jeffery Carlos Hale of Service of Interrogatories, Requests for Admission and Requests for Production of Documents to Buckhorn Coal Company (Herrington, Brian) |
| Filing 250 Response re #248 Notice (Other), Notice (Other) Plaintiffs' Response to CNX Gas Company, LLC's Notice of Supplemental Authority. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 249 TRANSCRIPT REQUEST (Ordinary-30 calendar days Service) by Jeffery Carlos Hale for proceedings held on 11/30/12 reported by Court Reporter Dickert before Judge Sargent. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter:. Transcript due by 1/22/2013. (Barrett, Charles) Modified on 1/3/2013 (bkd). Order for copy cancelled by party. Court Reporter notified. |
| Filing 248 Additional Argument by CNX Gas Company, LLC re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative, #244 Additional Evidence (Notice of Supplemental Authority) (Attachments: #1 Exhibit 1 (Soutter v. Equifax))(Blank, Jonathan) |
| Filing 247 Notice of Correction re #241 MOTION for Leave to File Sur-Reply to Class Certification Motion - Main document contained the wrong style of the case in the heading; at request of counsel clerk replaced document with corrected pleading reflecting correct style of the case (ejs) |
| Filing 246 TRANSCRIPT REQUEST (Ordinary-30 calendar days Service) by Jeffery Carlos Hale for proceedings held on 6/4/2012 reported by Court Reporter Felicia Clark before Judge Sargent. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter:. Transcript due by 1/16/2013. (Barrett, Charles) |
| Filing 245 TRANSCRIPT REQUEST (Ordinary-30 calendar days Service) by Jeffery Carlos Hale for proceedings held on 11/30/2012 reported by Court Reporter Bridget Dickert before Judge Judge Sargent. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter:. Transcript due by 1/14/2013. (Moffett, Larry) |
| Filing 244 Additional Argument by Jeffery Carlos Hale Notice of Supplemental Authority. (Seltz, Daniel) Modified on 12/11/2012 - text corrected at the direction of Judge Sargent to reflect Additional Argument instead of Additional Evidence (ejs). |
| Filing 243 TRANSCRIPT REQUEST (Ordinary-30 calendar days Service) by CNX Gas Company, LLC for proceedings held on 11/30/12 reported by Court Reporter Bridget Dickert before Judge Pamela Meade Sargent. Following Transcript due date is an estimated deadline pending deposit, if required by Court Reporter:. Transcript due by 1/2/2013. (Blank, Jonathan) |
| Filing 242 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Motion Hearing held on 11/30/2012 re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative filed by Jeffery Carlos Hale, #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Representative filed by Jeffery Carlos Hale. (Court Reporter Bridget Dickert, OCR.) (ejs) |
| Filing 241 MOTION for Leave to File Sur-Reply to Class Certification Motion by CNX Gas Company, LLC.Motions referred to Pamela Meade Sargent. (Attachments: #1 Exhibit A (Sur-Reply), #2 Exhibit 1 to Sur-Reply, #3 Exhibit 2 to Sur-Reply, #4 Exhibit 3 to Sur-Reply, #5 Exhibit 4 to Sur-Reply, #6 Exhibit 5 to Sur-Reply, #7 Exhibit 6 to Sur-Reply, #8 Exhibit 7 to Sur-Reply, #9 Exhibit 8 to Sur-Reply, #10 Exhibit 9 to Sur-Reply)(Blank, Jonathan) (Main Document 241 replaced on 12/18/2012) (ejs). Modified on 12/18/2012 - main document contained the wrong style of the case in the heading; at request of counsel clerk replaced document with corrected pleading reflecting correct style of the case (ejs). |
| Filing 240 Notice of Correction re #236 Reply to Response to Motion; clerk replaced exhibit with corrected exhibit per 238 minute order. (flc) |
| Filing 239 Notice of Cancellation of Motion hearing set on 11/29/12 at 2:00 p.m. (ejs) |
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Filing 238
MINUTE ORDER granting #237 Motion to Withdraw #237 MOTION to Withdraw and Replace Exhibit Unopposed. Signed by Magistrate Judge Pamela Meade Sargent on 11/27/12. (PMS)
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| Filing 237 MOTION to Withdraw and Replace Exhibit Unopposed by Jeffery Carlos Hale.Motions referred to Pamela Meade Sargent. (Attachments: #1 Exhibit Corrected Exhibit, #2 Text of Proposed Order Proposed Order Granting Motion)(Herrington, Brian) |
| Filing 236 REPLY to Response to Motion re #216 MOTION to Compel Production of Documents Regarding Internal Suspense Accounts and Title Opinions re Defs Resp [doc 224 replaced with doc 233]. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit 1-11.6.12 Anitia Duty Depo)(Herrington, Brian) (Attachment 1 replaced on 11/28/2012 per 238 minute order) (flc). |
| Filing 235 REPLY to Response to Motion re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit A)(Herrington, Brian) |
| Filing 234 Notice of Correction re #224 Response in Opposition to Motion - Document replaced as directed in #230 order. (ejs) |
| Filing 233 RESPONSE in Opposition re #216 MOTION to Compel Production of Documents Regarding Internal Suspense Accounts and Title Opinions (Corrected). filed by CNX Gas Company, LLC. (Blank, Jonathan) |
| Filing 232 AFFIDAVIT in Support re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative Reply Declaration of Daniel E. Seltz. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X, #25 Exhibit Y, #26 Exhibit Z, #27 Exhibit AA, #28 Exhibit BB, #29 Exhibit CC, #30 Exhibit DD, #31 Exhibit EE, #32 Exhibit FF, #33 Exhibit GG)(Seltz, Daniel) |
| Filing 231 REPLY to Response to Motion re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
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Filing 230
ORDER granting #229 Motion to Withdraw and Replace It's Opposition to Plaintiffs' Motion to Compel. Signed by Magistrate Judge Pamela Meade Sargent on 11/16/12. (ejs)
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| Filing 229 MOTION to Withdraw #224 Response in Opposition to Motion, (UNOPPOSED MOTION TO WITHDRAW AND REPLACE OPPPOSITION TO MOTION) by CNX Gas Company, LLC.Motions referred to Pamela Meade Sargent. (Attachments: #1 Corrected Opposition to Motion to Compel, #2 Proposed Consent Order)(Blank, Jonathan) |
| Filing 228 NOTICE of Hearing on Motion #216 MOTION to Compel Production of Documents Regarding Internal Suspense Accounts and Title Opinions : Motion Hearing set for 11/29/2012 02:00 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
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Filing 227
ORDER granting Motion for extension of time for plaintiff to reply to #224 CNX Gas Company's Opposition to Plaintiff's Motion to Compel Production of Documents Regarding Internal Suspense Accounts and Title Opinions. Responses due by 11/19/2012. Signed by Magistrate Judge Pamela Meade Sargent on 11/13/12. (ejs)
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| Filing 226 Joint MOTION for Extension of Time to File Response/Reply as to #216 MOTION to Compel Production of Documents Regarding Internal Suspense Accounts and Title Opinions (Extension of Time for Plaintiffs to File Reply Brief) by CNX Gas Company, LLC, Jeffery Carlos Hale.Motions referred to Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Blank, Jonathan) |
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Filing 225
ORDER granting #223 MOTION to Appear Pro Hac Vice. Signed by Magistrate Judge Pamela Meade Sargent on 11/6/12. (ejs)
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| Filing 224 RESPONSE in Opposition re #216 MOTION to Compel Production of Documents Regarding Internal Suspense Accounts and Title Opinions. filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit 1 (Escrow Account Reports), #2 Exhibit 2 (Affidavit of Anita Duty), #3 Exhibit 3 (Affidavit of Jamie Cox-Kidd))(Blank, Jonathan) (Main Document 224 replaced on 11/16/2012) (ejs). Modified on 11/16/2012 - by agreement of the parties and by order #230 document replaced with corrected document (ejs). |
| Filing 223 MOTION to Appear Pro Hac Vice by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC.Motions referred to Pamela Meade Sargent. (Whitesell, Eric) |
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Filing 222
ORDER granting #221 Motion for extension of time to respond to #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative Plaintiff's Responses due by 11/16/2012. Signed by Magistrate Judge Pamela Meade Sargent on 10/31/12. (ejs)
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| Filing 221 MOTION for Extension of Time to File Response/Reply BRIEFS by Jeffery Carlos Hale.Motions referred to Pamela Meade Sargent. (Seltz, Daniel) |
| Filing 220 ANSWER to #166 Amended Complaint and Affirmative Defenses by CNX Gas Company, LLC.(Blank, Jonathan) |
| Filing 219 Notice of Cancellation of November 6, 2012, hearing on motion to compel #208 . (Bordwine, Robin) |
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Filing 218
ORDER Setting Response Deadlines to #216 MOTION to Compel Production of Documents Regarding Internal Suspense Accounts and Title Opinions :( Defendant's Responses due by 11/5/2012). Signed by Magistrate Judge Pamela Meade Sargent on 10/23/12. (ejs)
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| Filing 217 Brief / Memorandum in Support re #216 MOTION to Compel Production of Documents Regarding Internal Suspense Accounts and Title Opinions. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit Email Correspondence)(Barrett, Don (John)) |
| Filing 216 MOTION to Compel Production of Documents Regarding Internal Suspense Accounts and Title Opinions by Jeffery Carlos Hale.Motions referred to Pamela Meade Sargent. (Barrett, Don (John)) |
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Filing 215
ORDER Re: Procedure for hearing set on November 30, 2012. Signed by Magistrate Judge Pamela Meade Sargent on 10/16/12. (ejs)
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Filing 214
OPINION and ORDER denying #184 Motion to Dismiss for Failure to State a Claim. Signed by Judge James P. Jones on 10/15/2012. (flc) Modified on 10/15/2012 to add "opinion" to the docket text(flc).
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Filing 213
ORDER setting response deadline as to #208 MOTION to Compel Production of Documents and Responses to Interrogatories :( Defendant CNX Gas Responses due by 10/15/2012). Signed by Magistrate Judge Pamela Meade Sargent on 10/1/12. (ejs)
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| Filing 212 NOTICE of Hearing on Motion #208 MOTION to Compel Production of Documents and Responses to Interrogatories : Motion Hearing set for 11/6/2012 02:00 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
| Filing 211 REPLY to Response to Motion re #184 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Plaintiff"s Amended Complaint. filed by CNX Gas Company, LLC. (Blank, Jonathan) |
| Filing 210 AFFIDAVIT in Support re #208 MOTION to Compel Production of Documents and Responses to Interrogatories. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit 10K portions, #2 Exhibit press release portions)(Alexander, Elizabeth) |
| Filing 209 Brief / Memorandum in Support re #208 MOTION to Compel Production of Documents and Responses to Interrogatories. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit Responses to 2nd Set of Requests, #2 Exhibit Responses to Interrogatories)(Alexander, Elizabeth) |
| Filing 208 MOTION to Compel Production of Documents and Responses to Interrogatories by Jeffery Carlos Hale.Motions referred to Pamela Meade Sargent. (Alexander, Elizabeth) |
| Filing 207 Brief / Memorandum in Opposition re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative. filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit 1)(Blank, Jonathan) |
| Filing 206 AFFIDAVIT in Opposition re #184 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Plaintiff"s Amended Complaint by DANIEL E. SELTZ. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3)(Seltz, Daniel) |
| Filing 205 RESPONSE in Opposition re #184 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Plaintiff"s Amended Complaint. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 204 RESPONSE in Opposition re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative. filed by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC. (Attachments: #1 Exhibit Addison Deposition Testimony, #2 Exhibit Glubiak Hearing Testimony)(Gardner, Blair) |
| Filing 203 Brief / Memorandum in Opposition re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative. filed by Torch Oil & Gas Company. (Attachments: #1 Exhibit Ex. E from Pooling Orders)(Wright, Kathleen) |
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Filing 202
ORDER granting #201 Motion for Extension of Time to File Response/Reply re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative ; Responses due by 9/19/2012. Signed by Magistrate Judge Pamela Meade Sargent on 9/12/12. (ejs)
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| Filing 201 MOTION for Extension of Time to File Response/Reply as to #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative (UNOPPOSED) by CNX Gas Company, LLC.Motions referred to Pamela Meade Sargent. (Attachments: #1 Text of Proposed Order)(Blank, Jonathan) |
| Filing 200 NOTICE of Hearing on Motion #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative : Motion Hearing set for 11/30/2012 09:00 AM in Abingdon before Judge James P. Jones and Magistrate Judge Pamela Meade Sargent. (ejs) |
| Filing 199 ANSWER to #182 Answer to Complaint, Counterclaim,, by Jeffery Carlos Hale (on behalf of himself and all others similarly situated).(Herrington, Brian) |
| Filing 198 ANSWER to Complaint of Buckhorn, Commonwealth and H-W by Jeffery Carlos Hale (on behalf of himself and all others similarly situated).(Herrington, Brian) |
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Filing 197
ORDER granting #196 Motion for Extension of Time to File Response/Reply re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative Responses due by 9/14/2012. Signed by Magistrate Judge Pamela Meade Sargent on 8/31/12. (ejs)
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| Filing 196 MOTION for Extension of Time to File Response/Reply Respond to Plaintiff's Motion for Class Certification by Torch Oil & Gas Company.Motions referred to Pamela Meade Sargent. (Wright, Kathleen) |
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Filing 195
ORDER granting #194 Motion for Extension of Time to File Response/Reply re #194 First MOTION for Extension of Time to File Response/Reply as to #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative Responses due by 9/14/2012. Signed by Magistrate Judge Pamela Meade Sargent on 8/31/12. (ejs)
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| Filing 194 First MOTION for Extension of Time to File Response/Reply as to #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative by CNX Gas Company, LLC.Motions referred to Pamela Meade Sargent. (Wood, Blair) |
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Filing 193
ORDER granting #191 Motion for Extension of Time to File Response/Reply re #184 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Plaintiff"s Amended Complaint Responses due by 9/18/2012. Signed by Magistrate Judge Pamela Meade Sargent on 8/29/12. (ejs)
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| Filing 192 Notice of Correction - Docket entry 192 - motion for extension of time - filed in wrong case - at request of counsel, entry has been deleted by Clerk. (ejs) |
| Filing 191 MOTION for Extension of Time to File Response/Reply [to CNX's Motion for a More Definite Statement and to Dismiss] by Jeffery Carlos Hale.Motions referred to Pamela Meade Sargent. (Seltz, Daniel) |
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Filing 190
ORDER granting #188 Motion for Extension of Time to File Response/Reply re #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Representative; Responses due by 9/14/2012. Signed by Magistrate Judge Pamela Meade Sargent on 8/24/12. (ejs)
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Filing 189
ORDER granting #187 Motion for Extension of Time to File Response/Reply; Plaintiff's Responses to counterclaims due by 9/5/2012. Signed by Magistrate Judge Pamela Meade Sargent on 8/24/12. (ejs)
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| Filing 188 MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Class Certification by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC.Motions referred to Pamela Meade Sargent. (Gardner, Blair) |
| Filing 187 MOTION for Extension of Time to File Response/Reply as to #167 Counterclaim, #169 Answer to Amended Complaint, Counterclaim by Jeffery Carlos Hale.Motions referred to Pamela Meade Sargent. (Attachments: #1 Proposed Order)(Herrington, Brian) |
| Filing 186 NOTICE of Appearance by Earle Duncan Getchell, Jr on behalf of Commonwealth of VA (Getchell, Earle) |
| Filing 185 Brief / Memorandum in Support re #184 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Plaintiff"s Amended Complaint. filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit Hale Complaint-Amended Complaint Delta View, #2 Exhibit Minutes and Results of Hearing June 20 2006, #3 Exhibit Mintes and Results of Hearing Sep 19 2006, #4 Exhibit Minutes and Results of Hearing April 15 2008, #5 Exhibit Minutes and Results of Hearing June 17 2008, #6 Exhibit June 10 2009 AG Mims Letter)(Wood, Blair) |
| Filing 184 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM in Plaintiff"s Amended Complaint by CNX Gas Company, LLC. (Wood, Blair) |
| Filing 183 NOTICE by Torch Oil & Gas Company re #182 Answer to Complaint, Counterclaim,, of Constitutional Question (Sexton, J.) |
| Filing 182 Torch Oil & Gas Company's Answer, Affirmative Defenses, Plea for Recoupment, and Counterclaims ANSWER to Complaint Plaintiff's First Amended Complaint, COUNTERCLAIM against All Plaintiffs by Torch Oil & Gas Company.(Sexton, J.) |
| Filing 181 ANSWER to #166 Amended Complaint by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC.(Gardner, Blair) |
| Filing 180 Brief / Memorandum in Support re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 179 AFFIDAVIT in Support re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative -- Declaration of Larry Moffett. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 178 AFFIDAVIT in Support re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative -- Declaration of Jackson White. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 177 AFFIDAVIT in Support re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative -- Declaration of David Stellings. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 176 AFFIDAVIT in Support re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative -- Affidavit of Peter Glubiak. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 175 AFFIDAVIT in Support re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative -- Affidavit of Don Barrett. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 174 AFFIDAVIT in Support re #173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative -- Declaration of Daniel E. Seltz and Exhibits A through P. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P)(Seltz, Daniel) |
| Filing 173 MOTION to Certify Class and for Appointments of Class Counsel and Class Representative by Jeffery Carlos Hale. (Seltz, Daniel) |
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Filing 172
ORDER granting #171 Motion for Leave to File. Signed by Judge James P. Jones on 8/3/2012. (lmh)
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| Filing 171 MOTION for Leave to File Answer to Plaintiff's First Amended Complaint by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC.Motions referred to Pamela Meade Sargent. (Gardner, Blair) |
| Filing 170 Notice of Correction re #169 Answer to Amended Complaint, Counterclaim, #168 Answer to Amended Complaint - Corrected docket entries to link answers to Complaint instead of Amended Complaint; and to link Counter claim to Jeffery Carlos Hale instead of CNX and Torch Oil & Gas. (ejs) |
| Filing 169 ANSWER to #1 Complaint, and COUNTERCLAIM against Jeffrey Carlos Hale by Buckhorn Coal Company.(ejs) Modified on 8/2/2012 to link answer to correct complaint and to link Counter Claim to Jeffrey Carlos Hale (ejs). |
| Filing 168 ANSWER to #1 Complaint by Torch Oil & Gas Company.(ejs) Modified on 8/2/2012 to link answer to correct complaint (ejs). |
| Filing 167 COUNTERCLAIM against Jeffery Carlos Hale, filed by Torch Oil & Gas Company.(ejs) |
| Filing 166 AMENDED COMPLAINT against CNX Gas Company, LLC, Torch Oil & Gas Company, filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit A, #2 Exhibit B)(ejs) |
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Filing 165
OPINION AND ORDER granting #138 Motion to Intervene; granting #144 Motion for Leave to File; granting #146 Motion for Leave to File. Signed by Judge James P. Jones on 8/1/12. (sc)
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Filing 164
STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Pamela Meade Sargent on 7/26/2012. (flc)
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| Filing 163 Response re #154 Brief / Memorandum in Opposition, to Torch Def -to Pls Motion for Leave to File First Amended Complaint. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit A - Probst Final Order, #2 Exhibit B - Belcher v. Swords Creek)(Herrington, Brian) |
| Filing 162 Response re #152 Response in Opposition to Motion, of Plaintiff for Leave to File First Amended Complaint. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit A - Belcher v. Swords Creek)(Herrington, Brian) |
| Filing 161 RESPONSE in Support re #144 MOTION for Leave to File Counterclaim and to Amend its Answer and Asserted Defenses. filed by Torch Oil & Gas Company. (Attachments: #1 Exhibit Attachment 1 - Map, #2 Exhibit Attachment 2 - Ratliff Opinion Letter, #3 Exhibit Attachment 3 - Mac Construction, #4 Exhibit Attachment 4 - Attorney General's Opinion, #5 Exhibit Attachment 5 - Letter Approving Permit)(Sexton, J.) |
| Filing 160 REPLY to Response to Motion re #138 MOTION to Intervene. filed by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC. (Attachments: #1 Exhibit 1)(Gardner, Blair) |
| Filing 159 Magistrate Consent Notice to Parties. (flc) |
| Filing 158 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Telephone Conference from Jonathan Blank for CNX on 7/13/2012. Mr. Blank notified court that counsel had authorized him to contact court to request a couple more days to present agreed protective order to court for entry. Counsel will forward order to Judge Sargent next week. (PMS) |
| Filing 157 DISCOVERY LETTER re: Service of Plaintiff's Initial Disclosures by Jeffery Carlos Hale.(Moffett, Larry) |
| Filing 156 RESPONSE to Motion re #146 MOTION for Leave to File First Amended Complaint. filed by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC. (Attachments: #1 Exhibit Ratliff v. Harrison-Wyatt (December 6, 2002))(Gardner, Blair) |
| Filing 155 RESPONSE in Opposition re #144 MOTION for Leave to File Counterclaim and to Amend its Answer and Asserted Defenses, #138 MOTION to Intervene. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit Pobst Opinion, #2 Exhibit Belcher Opinion)(Herrington, Brian) |
| Filing 154 Brief / Memorandum in Opposition re #146 MOTION for Leave to File First Amended Complaint. filed by Torch Oil & Gas Company. (Attachments: #1 Exhibit Attachment 1 - Part 1 - Declaration of Sue Ann Craddock, #2 Exhibit Attachment 1 - Part 2 - Declaration of Sue Ann Craddock, #3 Exhibit Attachment 2 - DMME News Release, #4 Exhibit Attachment 3 - Coalseam Gase Lease)(Sexton, J.) |
| Filing 153 Brief / Memorandum in Support re #144 MOTION for Leave to File Counterclaim and to Amend its Answer and Asserted Defenses, #138 MOTION to Intervene. filed by CNX Gas Company, LLC. (Lorish, Lisa) |
| Filing 152 RESPONSE in Opposition re #146 MOTION for Leave to File First Amended Complaint. filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit A - Stras Deed, #2 Exhibit B - Dye Deed, #3 Exhibit C - Breedlove Deed, #4 Exhibit D - Looney Deed, #5 Exhibit E - Stiltner Deed, #6 Exhibit F - Stuart Deed, #7 Exhibit G - Jan 20, 2004 Hearing Transcript)(Lorish, Lisa) |
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Filing 151
ORDER regarding MOTION for Entry of Consent Order #149 filed by CNX Gas Company, LLC. Signed by Magistrate Judge Pamela Meade Sargent on 6/21/12. (ejs)
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| Filing 150 Letter concerning class certification briefing schedule by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 149 MOTION for Discovery - Motion for Entry of Consent Order by CNX Gas Company, LLC.Motions referred to Pamela Meade Sargent. (Lorish, Lisa) |
| Filing 148 TRANSCRIPT REQUEST by Jeffery Carlos Hale for proceedings held on 1/18/2011 reported by Court Reporter Ella Surber before Judge Sargent.. (Barrett, Charles) Modified on 6/19/2012 (slt). Spoke with Mr. Barrett's office advising them that the transcript had been filed/open to the public DE#101 and he could print from pacer. |
| Filing 147 Brief / Memorandum in Support re #146 MOTION for Leave to File First Amended Complaint. filed by Jeffery Carlos Hale. (Barrett, Don (John)) |
| Filing 146 MOTION for Leave to File First Amended Complaint by Jeffery Carlos Hale. (Attachments: #1 Exhibit To Motion, #2 Exhibit A to First Amended Complaint, #3 Exhibit B to First Amended Complaint)(Barrett, Don (John)) Modified on 6/18/2012 by deleting referral text (flc). |
| Filing 145 Brief / Memorandum in Support re #144 MOTION for Leave to File Counterclaim and to Amend its Answer and Asserted Defenses. filed by Torch Oil & Gas Company. (Sexton, J.) |
| Filing 144 MOTION for Leave to File Counterclaim and to Amend its Answer and Asserted Defenses by Torch Oil & Gas Company. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Sexton, J.) Modified on 6/18/2012 by deleting referral text (flc). |
| Filing 143 Notice of Correction re #138 MOTION to Intervene - deleted memorandum in support and redocketed by clerk at DE 142 (ejs) |
| Filing 142 Memorandum in Support re #138 MOTION to Intervene. filed by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC. (ejs) |
| Filing 141 Negative Corporate Disclosure Statement by Buckhorn Coal Company. (Gardner, Blair) |
| Filing 140 Negative Corporate Disclosure Statement by Harrison-Wyatt, LLC. (Gardner, Blair) |
| Filing 139 Negative Corporate Disclosure Statement by Commonwealth Coal Corporation. (Gardner, Blair) |
| Filing 138 MOTION to Intervene by Buckhorn Coal Company, Commonwealth Coal Corporation, Harrison-Wyatt, LLC. (Attachments: #2 Answer and Counterclaim)(Gardner, Blair) Modified on 6/14/2012 - deleted attachment 1 - memorandum in support - redocketed as separate entry at DE 142 (ejs). Modified on 6/18/2012 by deleting referral text (flc). |
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Filing 137
ORDER lifting any previous stay of deadlines, Setting response deadline as to #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Representative :(Defendant's Responses due by 7/5/2012); other deadlines as stated in the order. Signed by Magistrate Judge Pamela Meade Sargent on 6/5/12. (ejs)
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| Filing 136 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Scheduling Conference held on 6/4/2012. (Court Reporter Felicia Clark, FTR.) (flc) |
| Filing 135 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Telephone Conference held on 5/25/2012 with Barret, Blank and Creekmore regarding settlement. Parties at impasse. Court will set scheduling conference for 2 p.m. on June 4, 2012. Judge Sargent meet with parties with regard to settlement after conference. (PMS) |
| Filing 134 NOTICE of Hearing: Scheduling Conference set for 6/4/2012 02:00 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
| Filing 133 Notice of Correction re 132 Settlement Conference - corrected entry to reflect hearing was held on 5/14/12 instead of 5/15/12 (ejs) |
| Filing 132 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Settlement Conference held with plaintiffs' counsel and counsel for CNX, collectively and in private, by telephone conference call on 5/14/2012. Counsel reported on status of settlement negotiations. Counsel for plaintiffs' and CNX will consult and confer again with Judge Sargent by Thursday, May 17. (PMS) Modified on 5/15/2012 - corrected date hearing held to reflect 5/14/12 (ejs). |
| Filing 131 NOTICE of Hearing (CONFERENCE CALL): Settlement Conference set for 5/14/2012 03:00 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
| Filing 129 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Settlement Conference held on 5/4/2012. Compromise settlement not reached but discussions will continue tomorrow. (PMS) |
| Filing 130 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Settlement Conference held on 5/3/2012. Compromise settlement not reached. Discussions will continue. Counsel will report progress to Magistrate Judge Sargent by telephone conference call scheduled for 3 p.m. on May 14, 2012. (PMS) Modified on 5/7/2012 - corrected date hearing was held to reflect 5/3/12 instead of 5/4/12 (ejs). |
| Filing 128 NOTICE of Hearing: Settlement Conference set for 5/3/2012 at 10:00 AM and 5/4/12 at 9:30 AM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
| Filing 127 Minute Entry for proceedings held before Judge James P. Jones: Status Conference via CC held on 4/19/2012. Court will refer cases to Judge Sargent for mediation. Orders to follow. (Court Reporter NA.) (lmh) |
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Filing 126
Minute Order. This case is hereby referred to the Honorable Pamela Meade Sargent, U.S. Magistrate Judge, to mediate the case with the parties. Judge Sargent will schedule a mediation hearing and advise the parties of the procedures to be followed in connection therewith. Signed by Judge James P. Jones on 4/19/2012. (JPJ)
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| Filing 125 Notice Rescheduling Hearing previously set for 4/18/2012 at 3:00 PM before Judge James P. Jones in Abingdon: Status Conference via cc reset for 4/19/2012 09:30 AM in Abingdon before Judge James P. Jones. (Court Reporter Not Required)(lmh) |
| Filing 124 Notice Rescheduling Hearing previously set for 4/5/2012 at 4:30 PM before Judge James P. Jones in Abingdon: Scheduling Conference via CC reset for 4/18/2012 03:00 PM in Abingdon before Judge James P. Jones. (Court Reporter Not Required) (lmh) |
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Filing 123
MINUTE ORDER terminating #91 Motion to Regulate Contact pursuant to agreement by the parties. The motion may be reinstated and brought before the court for hearing at the request of any party. Signed by Judge James P. Jones on 3/30/2012. (JPJ)
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Filing 122
ORDER removing Brian Wheeler as counsel for CNX Gas. Attorney Brian Scott Wheeler terminated. Signed by Judge James P. Jones on 2/27/12. (ejs)
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| Filing 121 NOTICE of Hearing: Status Conference set via CC for 4/5/2012 04:30 PM in Abingdon before Judge James P. Jones. (lmh) |
| Filing 120 Minute Entry for proceedings held before Judge James P. Jones: Status Conference held on 2/21/2012; Additional Status Conference set for 4/5/2012 at 4:30 PM (Court Reporter N/A.) (lmh) |
| Filing 119 Letter Re: Brian Wheeler by CNX Gas Company, LLC. (ejs) |
| Filing 118 NOTICE of Hearing: Status Conference set via CC for 2/21/2012 04:30 PM in Abingdon before Judge James P. Jones. (lmh) |
| Filing 117 Minute Entry for proceedings held before Judge James P. Jones: Status Conference held via CC on 1/9/2012; Additional Status Conference set for 2/21/2012 at 4:30 p. m. (Court Reporter N/A.) (lmh) |
| Filing 116 NOTICE of Hearing: Status Conference set via CC for 1/9/2012 at 04:30 PM in Abingdon before Judge James P. Jones. (lmh) |
| Filing 115 Minute Entry for proceedings held before Judge James P. Jones: Status Conference held on 11/21/2011; Additional Status Conference set for 1/9/2012 at 4:30 via CC (Court Reporter N/A.) (lmh) |
| Filing 114 ANSWER to #1 Complaint, by Torch Oil & Gas Company. (Attachments: #1 Exhibit Coalseam Gas Lease)(Wright, Kathleen) |
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Filing 113
ORDER staying deadlines as to CNX Gas Company, LLC regarding #109 Order and #110 Order. Signed by Judge James P. Jones on 10/11/2011. (lmh)
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| Filing 112 NOTICE of Hearing: Status Conference via CC set for 11/21/2011 at 04:30 PM in Abingdon before Judge James P. Jones. (lmh) Modified on 10/12/2011 to reflect CC (lmh). |
| Filing 111 Minute Entry for proceedings held before Judge James P. Jones: Status Conference via CC held on 10/11/2011.; Court agrees to stay deadlines. Additional status conference call set via CC for 11/21/11 at 4:30 p. m. (Court Reporter N/A.) (lmh) |
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Filing 110
ORDER granting in part and denying in part #29 Motion to Dismiss; granting in part and denying in part #35 Motion to Dismiss; granting #49 Motion to Dismiss in accord with the Report and Recommendations; fully adopting/accepting #68 Report and Recommendations. Signed by Judge James P. Jones on 9/28/2011. (lmh)
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Filing 109
ORDER Setting response deadline as to #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Representative ( Defendants Responses due by 10/14/2011). Signed by Magistrate Judge Pamela Meade Sargent on 9/23/11. (ejs)
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| Filing 108 TRANSCRIPT of Proceedings: Pretrial Motion Hearing held on June 7, 2011 before Judge Pamela M. Sargent. Court Reporter/Transcriber Exceptional Reporting Services, Inc., Telephone number 361-949-2988. Tape Number: FTR. NOTICE RE REDACTION OF TRANCRIPTS: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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/26/2011. Redacted Transcript Deadline set for 9/6/2011. Release of Transcript Restriction set for 11/3/2011. (bkd) |
| Filing 107 Letter for (regarding request for discovery) by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 106 DISCOVERY LETTER re: in opposition to Mr. Stellings' letter of July 20, 2011 by CNX Gas Company, LLC.(Blank, Jonathan) |
| Filing 105 Letter from Wade Massie in response to Mr. Stellings' letter #104 . (Bordwine, Robin) |
| Filing 104 Letter for (request for approval of discovery) by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 103 TRANSCRIPT REQUEST by CNX Gas Company, LLC for proceedings held on June 7, 2011 reported by Court Reporter Ella Surber, FTR before Judge Pamela Meade Sargent.. (Blank, Jonathan) Modified on 6/9/2011 (slt). J. Blank sent email request to amended request: requesting that the transcript for the recording between 2:30 p.m.-2:40 p.m. be expedited. |
| Filing 102 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Court Hearing - Re: Discovery Issues held on 6/7/2011. (Court Reporter Ella Surber, FTR.) (ejs) |
| Filing 101 TRANSCRIPT of Proceedings: Motion Hearing held on 1/18/2011 before Judge Pamela M. Sargent. Court Reporter/Transcriber Judy Webb, Telephone number 540-857-5100 X 5333/judyw@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANCRIPTS: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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/9/2011. Redacted Transcript Deadline set for 6/20/2011. Release of Transcript Restriction set for 8/17/2011. (jw) |
| Filing 100 NOTICE of Hearing: Re: Discovery set for 6/7/2011 02:00 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
| Filing 99 Letter to Judge Sargent from Plaintiff's Counsel Re: Setting a hearing regarding Discovery Matters. (ejs) |
| Filing 98 Notice of Correction - re 96 Minute Entry regarding Telephone Conference - Docket entry modified per direction of Judge Sargent, and at the request of counsel for both sides, to change docket text regarding agreement. (ejs) |
| Filing 97 Notice of Cancellation of Motion Hearing set on 5/9/11 at 1:00 p.m. (ejs) |
| Filing 96 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Telephone Conference held on 5/9/2011 with counsel for plaintiff and CNX regarding Plaintiff's Motion To Regulate Defendant CNX Gas Company, LLC's Contact With Putative Class Memebers #91 . Counsel have reached an agreement under which CNX will not seek to secure or offer a Royalty Split Agreement from the putative class members until the court decides whether to certify as a class action. Motion will remain on docket, but court postpone any hearing. (pms) Modified on 5/10/2011 per direction of Judge Sargent and at the request of counsel to change docket text regarding agreement (ejs). |
| Filing 95 TRANSCRIPT REQUEST by CNX Gas Company, LLC for proceedings held on 1/18/2011 reported by Court Reporter Ella Surber before Judge Pamela Meade Sargent.. (Blank, Jonathan) Modified on 5/9/2011 (slt). **Attorney changed request from daily to 14 day delivery. |
| Filing 94 NOTICE of Hearing on Motion #91 MOTION To Regulate Defendant CNX Gas Co.LLC'S Contact with Putative Class Members : Motion Hearing set for 5/9/2011 01:00 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
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Filing 93
ORAL ORDER REFERRING MOTION to Magistrate Judge Pamela Meade Sargent : #91 MOTION To Regulate Defendant CNX Gas Co.LLC'S Contact with Putative Class Members filed by Jeffery Carlos Hale. Entered by Judge James P. Jones on May 6, 2011. (aec)
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| Filing 92 Brief / Memorandum in Support re #91 MOTION To Regulate Defendant CNX Gas Co.LLC'S Contact with Putative Class Members. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit)(Barrett, Don (John)) |
| Filing 91 MOTION To Regulate Defendant CNX Gas Co.LLC'S Contact with Putative Class Members by Jeffery Carlos Hale. (Barrett, Don (John)) |
| Filing 90 TRANSCRIPT of Proceedings: Motion Hearing held on 3/17/2011 before Judge James P. Jones. Court Reporter/Transcriber Judy Webb, Telephone number 540-857-5100 X 5333/judyw@vawd.uscourts.gov. NOTICE RE REDACTION OF TRANCRIPTS: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 will be made remotely electronically available to the public without redaction after 90 calendar days. The policy is located on our website at www.vawd.uscourts.gov Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/14/2011. Redacted Transcript Deadline set for 4/25/2011. Release of Transcript Restriction set for 6/22/2011. (jw) |
| Filing 89 TRANSCRIPT REQUEST by CNX Gas Company, LLC for proceedings held on 3/17/2011 transcribed by Court Reporter Judy Webb before Judge James P. Jones.. (Cloud, Meghan) |
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Filing 88
ORAL ORDER taking under advisement the objections to the report and recommendation in this matter. Entered by Judge James P. Jones on March 17, 2011. (aec)
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| Filing 87 Minute Entry for proceedings held before Judge James P. Jones: Court Hearing held on 3/17/2011 on objections to report and recommendation (Court Reporter Judy Webb.) (aec) |
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Filing 86
ORDER granting #83 Motion for Extension of Time to File Document and staying the deadline for defendant's response to plaintiff's motion to certify as class action. Signed by Magistrate Judge Pamela Meade Sargent on 3/3/11. (ejs)
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| Filing 85 RESPONSE to Motion re #83 MOTION for Extension of Time to File Pleadings related to Determination of Whether to Certify this Matter as a Class Action. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 84 Brief / Memorandum in Support re #83 MOTION for Extension of Time to File Pleadings related to Determination of Whether to Certify this Matter as a Class Action. filed by CNX Gas Company, LLC. (Woody, Jacob) |
| Filing 83 MOTION for Extension of Time to File Pleadings related to Determination of Whether to Certify this Matter as a Class Action by CNX Gas Company, LLC. (Woody, Jacob) |
| Filing 82 AFFIDAVIT in Support re #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Representative. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 81 AFFIDAVIT in Support re #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Representative. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 80 AFFIDAVIT in Support re #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Representative. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 79 AFFIDAVIT in Support re #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Representative. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 78 AFFIDAVIT in Support re #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Representative. filed by Jeffery Carlos Hale. (Attachments: #1 Exhibit A, #2 Exhibit B)(Seltz, Daniel) |
| Filing 77 Brief / Memorandum in Support re #76 MOTION to Certify Class MOTION to Appoint Counsel MOTION to Appoint Class Representative. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 76 MOTION to Certify Class by Jeffery Carlos Hale. (Seltz, Daniel) Modified on 9/30/2011 to clarify docket at the direction of the Court. (lmh). |
| Filing 75 Brief / Memorandum in Opposition re #74 Response of Pl.'s to CNX's Objections to the R&R of Jan. 21, 2011 re Motion to Dismiss. filed by CNX Gas Company, LLC. (Wood, Blair) |
| Filing 74 Response re #71 Objection to Report and Recommendations. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 73 Response re #72 Objection to Report and Recommendations. filed by CNX Gas Company, LLC. (Wood, Blair) |
| Filing 72 OBJECTION to #68 Report and Recommendations by Jeffery Carlos Hale. (Moffett, Larry) |
| Filing 71 OBJECTION to #68 Report and Recommendations on Its Motion to Dismiss Plaintiff's Complaint by CNX Gas Company, LLC. (Cloud, Meghan) |
| Filing 70 NOTICE of Hearing: Oral Argument Hearing on objections to Report and Recommendation set for 3/17/2011 @ 1:00 PM in Abingdon before Judge James P. Jones. (aec) |
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Filing 69
ORDER setting deadline for plaintiff to file motion to certify as a class action ( Responses due by 2/28/2011); also setting routine status conferences, as necessary, on the first Tuesday of each month; and whatever else the order states. Signed by Magistrate Judge Pamela Meade Sargent on 1/21/11. (ejs)
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| Filing 68 REPORT AND RECOMMENDATIONS re #29 MOTION to Dismiss filed by CNX Gas Company, LLC, #35 First MOTION to Dismiss Plaintiff's Complaint filed by Torch Oil & Gas Company, #49 MOTION to Dismiss filed by Commonwealth of VA Objections to R&R due by 2/7/2011. Signed by Magistrate Judge Pamela Meade Sargent on 1/21/11. (ejs) |
| Filing 67 Letter for Judge Sargent by Jeffery Carlos Hale. (Moffett, Larry) |
| Filing 66 Letter for Letter to Honorable Pamela Meade Sargent with attached Opinion by Torch Oil & Gas Company. (Sexton, J.) |
| Filing 65 Minute Entry for proceedings held before Magistrate Judge Pamela Meade Sargent: Motion Hearing held on 1/18/2011 re #29 MOTION to Dismiss filed by CNX Gas Company, LLC, #35 First MOTION to Dismiss Plaintiff's Complaint filed by Torch Oil & Gas Company, #49 MOTION to Dismiss filed by Commonwealth of VA. (Court Reporter Ella Surber, FTR.) (ejs) |
| Filing 64 NOTICE of Appearance by Blair Nivia Chertkow Wood on behalf of CNX Gas Company, LLC (Wood, Blair) |
| Filing 63 Negative Corporate Disclosure Statement by Torch Oil & Gas Company Disclosure of Corporate Affiliations and Other Entities with a Direct Financial Interest in Litigation. (Wright, Kathleen) |
| Filing 62 Notice of Filing Deficiency - Lack of Corporate Disclosure Statement as to Defendants CNX Gas Company and Torch Oil and Gas - Pursuant to Standing Order dated May 15, 2000, and the adoption of Rule 7.1 of the Federal Rules of Civil Procedures, effective December 1, 2002, nongovernmental corporate parties are now directed to file the above statement with their first appearance, pleading, motion or response. We ask that you comply with this rule change in the future. The corporate disclosure statement form is available on our public website at www.vawd.uscourts.gov. The form is located under forms on this web page. This form should be electronically filed in this matter within three (3) business days. (aec) |
| Filing 61 Notice of Correction re 60 Notice of Hearing on Motion - corrected entry to reflect Judge Sargent as presiding Judge instead of Judge Jones (ejs) |
| Filing 60 NOTICE of Hearing on Motion #35 First MOTION to Dismiss Plaintiff's Complaint : Motion Hearing set for 1/18/2011 01:30 PM before Judge Pamela Meade Sargent. (ejs) Modified on 12/28/2010 to correct presiding Judge(ejs). |
| Filing 59 RESPONSE in Opposition re #49 MOTION to Dismiss Plaintiff's Takings Claim. filed by Jeffery Carlos Hale. (Moffett, Larry) |
| Filing 58 NOTICE of Hearing on Motion #49 MOTION to Dismiss : Motion Hearing set for 1/18/2011 01:30 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
| Filing 57 NOTICE of Hearing on Motion #29 MOTION to Dismiss : Motion Hearing set for 1/18/2011 01:30 PM in Abingdon before Magistrate Judge Pamela Meade Sargent. (ejs) |
| Filing 56 REPLY to Response to Motion re #29 MOTION to Dismiss. filed by CNX Gas Company, LLC. (Bobick, Catherine) |
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Filing 55
CONSENT ORDER granting #54 Motion for Extension of Time to File reply briefs re #29 MOTION to Dismiss Responses due by 12/14/2010. Signed by Magistrate Judge Pamela Meade Sargent on 12/10/10. (lmh)
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| Filing 54 MOTION for Extension of Time to File Response/Reply to plaintiff's Response in Opposition to defendant CNX's Motion to Dismiss by CNX Gas Company, LLC. (Attachments: #1 Text of Proposed Order)(Woody, Jacob) |
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Filing 53
Order to Respond re #49 MOTION to Dismiss Responses due by 12/23/2010. Signed by Magistrate Judge Pamela Meade Sargent on 12/8/10. (lmh)
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Filing 51
ORDER Referring #49 Motion to Dismiss to Magistrate Judge Sargent and whatever else the order states. Signed by Judge James P. Jones on December 7, 2010. (aec)
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| Filing 50 Brief / Memorandum in Support re #49 MOTION to Dismiss. filed by Commonwealth of VA. (McCullough, Stephen) |
| Filing 49 MOTION to Dismiss by Commonwealth of VA. (McCullough, Stephen) |
| Filing 48 Brief / Memorandum in Opposition re #30 Brief / Memorandum in Support,. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
| Filing 47 Brief / Memorandum in Opposition re #35 First MOTION to Dismiss Plaintiff's Complaint. filed by Jeffery Carlos Hale. (Seltz, Daniel) |
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Filing 46
ORDER granting #43 Motion to Intervene as to the Commonwealth of Virginia. Signed by Judge James P. Jones on November 29, 2010. (aec)
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| Filing 45 NOTICE of Appearance by Travis Jarrett Graham on behalf of Torch Oil & Gas Company (Graham, Travis) |
| Filing 44 NOTICE of Appearance by Travis Jarrett Graham on behalf of Torch Oil & Gas Company (Graham, Travis) |
| Filing 43 MOTION to Intervene by Commonwealth of VA. (McCullough, Stephen) |
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Filing 42
ORDER granting #41 Motion for Extension of Time to File Response/Reply re #35 First MOTION to Dismiss Plaintiff's Complaint Responses due by 12/3/2010. Signed by Magistrate Judge Pamela Meade Sargent on 11/22/10. (ejs)
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| Filing 41 MOTION for Extension of Time to File Response/Reply as to #35 First MOTION to Dismiss Plaintiff's Complaint by Jeffery Carlos Hale. (Attachments: #1 Text of Proposed Order proposed order)(Moffett, Larry) |
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Filing 40
ORDER granting #39 Motion for Extension of Time to File Response/Reply re #35 First MOTION to Dismiss Plaintiff's Complaint Responses due by 12/3/2010. Signed by Magistrate Judge Pamela Meade Sargent on 11/12/10. (ejs)
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| Filing 39 MOTION for Extension of Time to File Response/Reply as to #29 MOTION to Dismiss, #33 Order, Set Motion and R&R Deadlines/Hearings by Jeffery Carlos Hale. (Attachments: #1 Text of Proposed Order)(Moffett, Larry) |
| Filing 38 NOTICE of Appearance by Jonathan Todd Blank on behalf of CNX Gas Company, LLC (Blank, Jonathan) |
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Filing 36
ORDER Referring #35 Motion to Dismiss. Signed by Judge James P. Jones on November 8, 2010. (aec)
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| Filing 35 First MOTION to Dismiss Plaintiff's Complaint by Torch Oil & Gas Company. (Attachments: #1 Exhibit Lease Agreement)(Wright, Kathleen) |
| Filing 34 Positive Corporate Disclosure Statement by CNX Gas Company, LLC. (Bobick, Catherine) |
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Filing 33
ORDER setting response deadline for plaintiff to respoond to MOTION to Dismiss #29 filed by CNX Gas Company, LLC, (Responses due by 11/17/2010). Signed by Magistrate Judge Pamela Meade Sargent on 11/2/10. (ejs)
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Filing 31
ORDER Referring #29 Motion to Dismiss to Magistrate Judge Sargent and whatever else the order states. Signed by Judge James P. Jones on November 2, 2010. (aec)
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| Filing 30 Brief / Memorandum in Support re #29 MOTION to Dismiss. filed by CNX Gas Company, LLC. (Attachments: #1 Exhibit Court Order August 13, 2010, #2 Exhibit Board Order September 30, 1999, Unit FF-23, #3 Exhibit Board Order December 11, 2000, Unit FF-24, #4 Exhibit Board Order December 11, 2000, Unit EE-24, #5 Exhibit Board Order December 11, 2000, Unit FF-25, #6 Exhibit Board Order March 2, 2001, Unit AV-111)(Bobick, Catherine) |
| Filing 29 MOTION to Dismiss by CNX Gas Company, LLC. (Bobick, Catherine) |
| Filing 28 SUMMONS Returned Executed by Jeffery Carlos Hale. Torch Oil & Gas Company served on 10/20/2010, answer due 11/10/2010.(Barrett, Charles) |
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Filing 27
ORDER granting #25 MOTION to Appear Pro Hac Vice. Signed by Magistrate Judge Pamela Meade Sargent on 10/21/10. (ejs)
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Filing 26
ORDER granting #20 MOTION to Appear Pro Hac Vice; granting #21 MOTION to Appear Pro Hac Vice; granting #22 MOTION to Appear Pro Hac Vice; granting #23 MOTION to Appear Pro Hac Vice; granting #24 MOTION to Appear Pro Hac Vice. Signed by Magistrate Judge Pamela Meade Sargent on 10/19/10. (lmh)
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| Filing 25 Amended MOTION to Appear Pro Hac Vice Daniel E. Seltz by Jeffery Carlos Hale. (Attachments: #1 Exhibit)(Glubiak, Peter) |
| Filing 24 First MOTION to Appear Pro Hac Vice Katherine Riley by Jeffery Carlos Hale. (Attachments: #1 Exhibit)(Glubiak, Peter) |
| Filing 23 First MOTION to Appear Pro Hac Vice Richard R. Barrett by Jeffery Carlos Hale. (Attachments: #1 Exhibit)(Glubiak, Peter) |
| Filing 22 First MOTION to Appear Pro Hac Vice David McMullan by Jeffery Carlos Hale. (Attachments: #1 Exhibit)(Glubiak, Peter) |
| Filing 21 First MOTION to Appear Pro Hac Vice Brian Herrington by Jeffery Carlos Hale. (Attachments: #1 Exhibit)(Glubiak, Peter) |
| Filing 20 First MOTION to Appear Pro Hac Vice Don Barrett by Jeffery Carlos Hale. (Attachments: #1 Exhibit)(Glubiak, Peter) |
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Filing 19
ORDER granting #16 MOTION to Appear Pro Hac Vice; granting #17 MOTION to Appear Pro Hac Vice; granting #18 MOTION to Appear Pro Hac Vice. Signed by Magistrate Judge Pamela Meade Sargent on 10/18/10. (ejs)
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| Filing 18 First MOTION to Appear Pro Hac Vice Charles Barrett by Jeffery Carlos Hale. (Attachments: #1 Exhibit, #2 Exhibit)(Glubiak, Peter) |
| Filing 17 Amended MOTION to Appear Pro Hac Vice Larry D. Moffett by Jeffery Carlos Hale. (Attachments: #1 Exhibit, #2 Exhibit)(Glubiak, Peter) |
| Filing 16 First MOTION to Appear Pro Hac Vice Larry D. Moffett by Jeffery Carlos Hale. (Attachments: #1 Exhibit, #2 Exhibit)(Glubiak, Peter) |
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Filing 15
ORDER granting #6 MOTION to Appear Pro Hac Vice. Signed by Magistrate Judge Pamela Meade Sargent on 9/29/10. (ejs)
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Filing 14
ORDER granting #7 MOTION to Appear Pro Hac Vice. Signed by Magistrate Judge Pamela Meade Sargent on 9/29/10. (ejs)
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Filing 13
ORDER granting #9 MOTION to Appear Pro Hac Vice. Signed by Magistrate Judge Pamela Meade Sargent on 9/29/10. (ejs)
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Filing 12
ORDER granting #10 MOTION to Appear Pro Hac Vice. Signed by Magistrate Judge Pamela Meade Sargent on 9/29/10. (ejs)
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Filing 11
ORDER granting #5 MOTION to Appear Pro Hac Vice. Signed by Magistrate Judge Pamela Meade Sargent on 9/29/10. (ejs)
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| Filing 10 First MOTION to Appear Pro Hac Vice Jennifer Gross by Jeffery Carlos Hale. (Attachments: #1 Exhibit, #2 Exhibit)(Glubiak, Peter) |
| Filing 9 First MOTION to Appear Pro Hac Vice Steven E. Fineman by Jeffery Carlos Hale. (Attachments: #1 Exhibit, #2 Exhibit)(Glubiak, Peter) |
| Filing 8 First MOTION to Appear Pro Hac Vice Daniel E. Seltz by Jeffery Carlos Hale. (Attachments: #1 Exhibit, #2 Exhibit)(Glubiak, Peter) |
| Filing 7 First MOTION to Appear Pro Hac Vice Elizabeth J. Cabraser by Jeffery Carlos Hale. (Attachments: #1 Exhibit, #2 Exhibit)(Glubiak, Peter) |
| Filing 6 First MOTION to Appear Pro Hac Vice David S. Stellings by Jeffery Carlos Hale. (Attachments: #1 Exhibit, #2 Exhibit)(Glubiak, Peter) |
| Filing 5 First MOTION to Appear Pro Hac Vice Elizabeth A. Alexander by Jeffery Carlos Hale. (Attachments: #1 Exhibit, #2 Exhibit)(Glubiak, Peter) |
| Filing 4 Summons Issued as to Torch Oil & Gas Company.(lmh) |
| Filing 3 Summons Issued as to CNX Gas Company, LLC.(lmh) |
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Filing 2
ORDER entered directing that the Attorney General of Virginia be notified of said proceeding and whatever else the order states. Signed by Judge James P. Jones on September 27, 2010. (aec)
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| Filing 1 COMPLAINT against CNX Gas Company, LLC, John Does A-Z, Torch Oil & Gas Company (Filing fee $ 350, receipt number 0423-1176609), filed by Jeffery Carlos Hale. 100 Day Notice due by 1/3/2011 120 Day Service due by 1/21/2011 (Attachments: #1 Civil Cover Sheet)(lmh) |
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