Tillett v. Appalachian Power Company et al
Plaintiff: Richard Thomas Tillett
Defendant: Appalachian Power Company, Thayer Power & Communication Line Construction Co., LLC and IBEW Local 317
Case Number: 7:2023cv00422
Filed: July 12, 2023
Court: US District Court for the Western District of Virginia
Presiding Judge: Robert S Ballou
Nature of Suit: Labor: Labor/Mgt. Relations
Cause of Action: 29 U.S.C. ยง 185 Labor/Mgt. Relations (Contracts)
Jury Demanded By: Both
Docket Report

This docket was last retrieved on September 8, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 8, 2023 Opinion or Order Filing 46 ORDER TO SHOW CAUSE. Show Cause Response due by 9/15/2023. Signed by District Judge Robert S. Ballou on 09/08/2023. (sln)
September 8, 2023 Opinion or Order Filing 45 ORDER granting in part and taken under advisement in part #44 Motion for Extension of Time to file Responsive Pleading. Responsive pleading due 09/15/2023. The deadline for Rule 26(f) Plan will be addressed at the hearing on 9/19/2023. Signed by District Judge Robert S. Ballou on 9/8/2023. (sln)
September 8, 2023 Filing 44 MOTION for Extension of Time to File Answer re #38 Amended Complaint by Appalachian Power Company. (Attachments: #1 Exhibit Order on Consent Motion)(Bolling, Richard)
September 5, 2023 Filing 43 MOTION to Dismiss Plaintiff's First Amended Complaint by Thayer Power & Communication Line Construction Co., LLC. (Jackman, Jennifer)
August 28, 2023 Filing 42 NOTICE of Appearance by Amy Flowers on behalf of Thayer Power & Communication Line Construction Co., LLC (Flowers, Amy)
August 25, 2023 Opinion or Order Filing 41 ORAL ORDER granting #39 Motion for Extension of Time to File Response/Reply. Defendant Thayer Power & Communication Line Construction Co., LLC's deadline to file its Reply in Support shall be extended until September 5, 2023. Entered by District Judge Robert S. Ballou on August 25, 2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cd)
August 25, 2023 Filing 40 NOTICE of Appearance by Paul L Bittner on behalf of Thayer Power & Communication Line Construction Co., LLC (Bittner, Paul)
August 25, 2023 Filing 39 Consent MOTION for Extension of Time to File Response/Reply as to #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Thayer Power & Communication Line Construction Co., LLC. (Attachments: #1 Text of Proposed Order)(Jackman, Jennifer)
August 25, 2023 Filing 38 AMENDED COMPLAINT against Appalachian Power Company, Thayer Power & Communication Line Construction Co., LLC, filed by Richard Thomas Tillett.(Strelka, Thomas)
August 25, 2023 Filing 37 STIPULATION of Dismissal (as to claims of IBEW Local 317) by Richard Thomas Tillett (Strelka, Thomas)
August 22, 2023 Opinion or Order Filing 36 SCHEDULING ORDER: Jury Trial set for 9/10-12/2024 09:00 AM in Roanoke before District Judge Robert S. Ballou. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs.. Signed by District Judge Robert S. Ballou on 8/16/2023. (kab)
August 18, 2023 Filing 35 Brief / Memorandum in Opposition re #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Richard Thomas Tillett. (Strelka, Thomas)
August 17, 2023 Opinion or Order Filing 34 ORAL ORDER granting #33 Motion for Extension of Time to File Response/Reply. Plaintiff shall have an extension of time until August 25, 2023 to file a response to Defendant IBEW Local 317s motion to dismiss. Entered by District Judge Robert S. Ballou on August 17, 2023. This Notice of Electronic Filing is the Official ORDER for this entry. No document is attached.(cd)
August 17, 2023 Filing 33 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss (Uncontested) by Richard Thomas Tillett. (Strelka, Thomas)
August 16, 2023 Filing 32 NOTICE of Hearing: (CR) Jury Trial set for 9/10-12/2024 09:00 AM in Roanoke before District Judge Robert S. Ballou. Counsel must contact the Clerk's Office no later than five (5) business days before the scheduled trial date for your technology needs. (kab)
August 16, 2023 Filing 31 NOTICE of Hearing on Motion #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #21 MOTION to Dismiss , #25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM : (CR) NOTICE TO COUNSEL This hearing has been set for one hour. If you think the hearing will take longer than one hour please contact the Courtroom Deputy as soon as possible. (#Click on this link for guidance for participation via Zoom and #Click on this link for instructions on how to listen to public hearings) Motion Hearing set for 9/19/2023 10:30 AM in via Zoom before District Judge Robert S. Ballou. (kab)
August 16, 2023 Filing 30 Minute Entry for proceedings held before District Judge Robert S. Ballou: Initial Pretrial Conference held on 8/16/2023. (lg)
August 15, 2023 Opinion or Order Filing 29 ORDER granting #26 MOTION for Amy E. Flowers to Appear Pro Hac Vice. Signed by District Judge Robert S. Ballou on 8/15/2023. (slt)
August 15, 2023 Opinion or Order Filing 28 ORDER granting #27 MOTION for Paul L. Bittner to Appear Pro Hac Vice. Signed by District Judge Robert S. Ballou on 8/15/2023. (slt)
August 14, 2023 Filing 27 Consent MOTION for Paul L. Bittner to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4241815. by Thayer Power & Communication Line Construction Co., LLC. (Attachments: #1 Text of Proposed Order)(Jackman, Jennifer)
August 14, 2023 Filing 26 Consent MOTION for Amy E. Flowers to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4241795. by Thayer Power & Communication Line Construction Co., LLC. (Attachments: #1 Text of Proposed Order)(Jackman, Jennifer)
August 4, 2023 Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Thayer Power & Communication Line Construction Co., LLC. (Jackman, Jennifer)
August 4, 2023 Filing 24 Positive Corporate Disclosure Statement by Thayer Power & Communication Line Construction Co., LLC identifying Corporate Parent Calera Capital Advisors LP for Thayer Power & Communication Line Construction Co., LLC. (Jackman, Jennifer)
August 4, 2023 Filing 23 Reply re #17 Brief / Memorandum in Opposition . filed by Appalachian Power Company. (Attachments: #1 Exhibit)(Bolling, Richard)
August 4, 2023 Filing 22 Brief / Memorandum in Support re #21 MOTION to Dismiss . filed by IBEW Local 317. (Tsao, Clement)
August 4, 2023 Filing 21 MOTION to Dismiss by IBEW Local 317. (Attachments: #1 Text of Proposed Order)(Tsao, Clement)
August 1, 2023 Filing 20 NOTICE of Hearing: (N) In Chambers Conference set for 8/16/2023 09:30 AM in by telephone conference before District Judge Robert S. Ballou. (kab)
July 31, 2023 Filing 19 NOTICE of Appearance by Thomas M. Winn, III on behalf of Appalachian Power Company (Winn, Thomas)
July 31, 2023 Filing 18 NOTICE of Appearance by Patice L. Holland on behalf of Appalachian Power Company (Holland, Patice)
July 28, 2023 Filing 17 Brief / Memorandum in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Richard Thomas Tillett. (Strelka, Thomas)
July 26, 2023 Filing 16 Certified True Copies of State Court Record(s) received electronically from Roanoke City Circuit Court, case number(s) CL 23-1223 (slt)
July 20, 2023 Opinion or Order Filing 15 ORDER granting #14 Motion for Extension of Time to Answer. Thayer Power & Communication Line Construction Co., LLC answer due 8/5/2023. Signed by District Judge Robert S. Ballou on 7/20/2023. (slt)
July 19, 2023 Filing 14 Consent MOTION for Extension of Time to File Answer by Thayer Power & Communication Line Construction Co., LLC. (Attachments: #1 Text of Proposed Order)(Jackman, Jennifer)
July 19, 2023 Filing 13 NOTICE of Appearance by Jennifer Smith Jackman on behalf of Thayer Power & Communication Line Construction Co., LLC (Jackman, Jennifer)
July 19, 2023 Filing 12 NOTICE of Appearance by Clement L Tsao on behalf of IBEW Local 317 (Tsao, Clement)
July 17, 2023 Opinion or Order Filing 11 ORDER granting #9 Motion for Extension of Time to File Document. Initial responsive pleading due by Defendant IBEW Local 317 no later than 08/04/2023. Signed by District Judge Robert S. Ballou on 07/17/2023. (sln) Modified docket text to include specific Defendant on 7/17/2023 (sln).
July 17, 2023 Opinion or Order Filing 10 ORDER granting #8 MOTION to Appear Pro Hac Vice. Signed by District Judge Robert S. Ballou on 07/17/2023. (sln)
July 16, 2023 Filing 9 MOTION for Extension of Time to File Initial Responsive Pleading by IBEW Local 317. (Attachments: #1 Text of Proposed Order)(Keating, Justin)
July 14, 2023 Filing 8 MOTION for Clement L. Tsao to Appear Pro Hac Vice. Filing fee $ 100, receipt number AVAWDC-4222716. by IBEW Local 317. (Attachments: #1 Text of Proposed Order)(Keating, Justin)
July 14, 2023 Filing 7 Brief / Memorandum in Support re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by Appalachian Power Company. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2)(Bolling, Richard)
July 14, 2023 Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Appalachian Power Company. (Bolling, Richard)
July 14, 2023 Filing 5 Positive Corporate Disclosure Statement by Appalachian Power Company identifying Corporate Parent American Electric Power Company, Inc. for Appalachian Power Company. (Bolling, Richard)
July 14, 2023 Filing 4 ANSWER to Complaint (Notice of Removal) by Appalachian Power Company. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B)(Bolling, Richard)
July 13, 2023 Filing 3 Negative Corporate Disclosure Statement by IBEW Local 317 (slt)
July 13, 2023 Opinion or Order Filing 2 Order Requesting Transmittal of Case File from Circuit Court for Roanoke City. Signed by District Judge Robert S. Ballou on 7/13/2023. (slt)
July 12, 2023 Filing 1 NOTICE OF REMOVAL from Circuit Court for the City of Roanoke, case number CL23-1223. (Filing & Administrative fee $402, receipt number AVAWDC -4221039), filed by IBEW Local 317. (Attachments: #1 Exhibit-State Court Document: Notice Filing of Notice of Removal, #2 Civil Cover Sheet)(slt)

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Plaintiff: Richard Thomas Tillett
Represented By: Brittany Michelle Haddox
Represented By: Linda Leigh Rhoads
Represented By: Monica Lynn Mroz
Represented By: Thomas Eugene Strelka
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Defendant: Appalachian Power Company
Represented By: Patice L. Holland
Represented By: Richard Patrick Bolling
Represented By: Thomas M. Winn, III
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Defendant: Thayer Power & Communication Line Construction Co., LLC
Represented By: Amy Flowers
Represented By: Jennifer Smith Jackman
Represented By: Paul L Bittner
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Defendant: IBEW Local 317
Represented By: Justin Patrick Keating
Represented By: Clement L Tsao
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