Columbia Gas Transmission, LLC v. Heaster
Plaintiff: Columbia Gas Transmission, LLC
Defendant: Michael P. Heaster, Jr.
Case Number: 1:2020cv00238
Filed: October 2, 2020
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Thomas S Kleeh
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. § 1332
Jury Demanded By: None
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Docket Report

This docket was last retrieved on January 12, 2021. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 2, 2020 Filing 22 MOTION for Permanent Injunction - Plaintiff's Post-Hearing Brief on Motion for Permanent Injunction - by Columbia Gas Transmission, LLC. (Attachments: #1 Exhibit A, #2 Envelope B)(Bowers, Katrina)
November 2, 2020 Filing 21 Defendant's Proposed Findings of Fact and Conclusions of Law Denying Permanent Injunction Other Document filed by Michael P. Heaster, Jr. (Windom, Scott)
October 30, 2020 Filing 20 TRANSCRIPT of Proceedings held on 10/9/2020, before Judge Thomas S. Kleeh. Court Reporter/Transcriber Jill Cutter, Telephone number 304.622.8513. Parties have five business days to file a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript will become available via PACER to the public without redaction after 90 calendar days.. Redaction Request due 11/20/2020. Redacted Transcript Deadline set for 11/30/2020. Release of Transcript Restriction set for 1/28/2021. (jc)
October 23, 2020 Filing 19 Witness and Exhibit List re: Preliminary Injunction hearing held on 10/23/20. (Attachments: #1 Exhibit PA - Property Overview, #2 Exhibit PC- Easement and R/W Agreement, #3 Exhibit PD - Supplemental Agreement, #4 Exhibit PE - Amendment to R/W Agreement, #5 Exhibit PG - Temporary Access Easement, #6 Exhibit PI - Special Warranty Deed, #7 Exhibit DA - Aerial Photograph, #8 Exhibit DB - Photograph of Road/property line, #9 Exhibit DC - Photograph of road entrance, #10 Exhibit DD - Photograph of roadway)(mh) (Plaintiff's Exhibits B, F and H were not provided to the Clerk in a format that could be scanned; Originals in Clerk's office for reference)
October 23, 2020 Filing 18 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Thomas S. Kleeh: Evidentiary Hearing held on 10/23/2020. (Court Reporter J Cutter.) (mh)
October 16, 2020 Opinion or Order Filing 17 MEMORANDUM OPINION AND ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION [DKT. NO. #2 ], MOTION TO DISMISS [DKT. NO. #9 ], AND MOTION TO STRIKE [DKT. NO. #16 ]. This Order shall remain in force and effect pending final judgment on the merits. The October 23, 2020 hearing on the issue of a permanent injunction remains scheduled for 11:00 a.m. that day. Signed by District Judge Thomas S. Kleeh on 10/16/2020. (wrr)
October 15, 2020 Set/Reset Deadlines as to Hearing on the request for permanent injunction set for 10/23/2020 11:00 AM in Clarksburg District Judge Courtroom, 2nd Floor before District Judge Thomas S. Kleeh per #15 Order. (wrr)
October 15, 2020 Filing 16 MOTION to Strike #14 Response to Motion - Plaintiff's Motion to Strike Defendant's Response to Plaintiff's Supplemental Memorandum in Support of Motion for Preliminary Injunction or, in the Alternative, Reply in Opposition to Defendant's Response to Plaintiff's Supplemental Memorandum - by Columbia Gas Transmission, LLC. (Attachments: #1 Exhibit A)(Casto, Matthew)
October 15, 2020 Opinion or Order Filing 15 ORDER SCHEDULING HEARING ON REQUEST FOR PERMANENT INJUNCTION. The Court SCHEDULES a hearing on the request for permanent injunction for October 23, 2020, at 11:00 a.m., at the Clarksburg point of holding court. Signed by District Judge Thomas S. Kleeh on 10/15/2020. (wrr)
October 15, 2020 Filing 14 RESPONSE to Motion re #2 MOTION for Preliminary Injunction -Response to Supplemental Memorandum filed by Michael P. Heaster, Jr. (Windom, Scott)
October 14, 2020 Filing 13 Memorandum in Support re #2 MOTION for Preliminary Injunction - Plaintiff's Supplemental Memorandum in Support of Motion for Preliminary Injunction - filed by Columbia Gas Transmission, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bowers, Katrina)
October 14, 2020 Filing 12 RESPONSE in Opposition re #2 MOTION for Preliminary Injunction filed by Michael P. Heaster, Jr. (Windom, Scott)
October 9, 2020 Filing 11 Exhibit and Witness List re Preliminary Injunction hearing held on 10/9/20. (Attachments: #1 Exhibit 1 - Easement and R/W Agreement, #2 Exhibit 2 - Addendum, #3 Exhibit 3 - Temp Access Easement, #4 Exhibit 4 - Temporary Work Space Easement Addendum, #5 Exhibit 5 - Temporary Access Easement Agreement Addendum, #6 Exhibit 6 - Photograph - Yellow Map, #7 Exhibit 7 - Photograph, #8 Exhibit 8 - Photograph, #9 Exhibit 9 - Photograph, #10 Exhibit 10 - Photograph, #11 Exhibit 11 - Photograph, #12 Exhibit 12 - Golder Report, #13 Exhibit D1 - Photograph)(mh)
October 9, 2020 Filing 10 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge Thomas S. Kleeh: Evidentiary Hearing held on 10/9/2020. (Court Reporter J Cutter.) (mh)
October 8, 2020 Filing 9 MOTION to Dismiss for Failure to Join a Party under Rule 19 by Michael P. Heaster, Jr. (Attachments: #1 Supplement Memorandum of Law)(Windom, Scott)
October 7, 2020 Opinion or Order Filing 8 ORDER SCHEDULING MOTION HEARING. The Court SCHEDULES an in-person hearing on Plaintiff's Motion for Preliminary Injunction [Dkt. No. #2 ] for October 9, 2020, at 11:00 a.m., at the Clarksburg point of holding court. Signed by District Judge Thomas S. Kleeh on 10/7/2020. (wrr)
October 7, 2020 Filing 7 NOTICE of Appearance by Scott A Windom on behalf of Michael P. Heaster, Jr (Windom, Scott)
October 6, 2020 Filing 6 Corporate Disclosure Statement by Columbia Gas Transmission, LLC. (Bowers, Katrina)
October 5, 2020 Opinion or Order Filing 5 ORDER. For reasons appearing to the Court, the Court, ORDERS that the above-styled civil action be transferred to and placed on the docket of the Honorable Thomas S. Kleeh, District Judge. Signed by Senior Judge Irene M. Keeley on 10/5/2020. (wrr)
October 5, 2020 Filing 4 Other Document - Acceptance of Service of Process by Scott Windom - filed by Columbia Gas Transmission, LLC. (Casto, Matthew)
October 5, 2020 Filing 3 CERTIFICATE OF SERVICE by Columbia Gas Transmission, LLC re #2 MOTION for Preliminary Injunction - Amended Certificate of Service for Plaintiff's Motion for Preliminary Injunction and Memorandum in Support -. (Casto, Matthew)
October 2, 2020 Filing 2 MOTION for Preliminary Injunction by Columbia Gas Transmission, LLC. (Attachments: #1 Memorandum of Law in Support of Plaintiff's Motion for Preliminary Injunction, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(wrr)
October 2, 2020 Filing 1 COMPLAINT against Michael P. Heaster, Jr, filed by Columbia Gas Transmission, LLC. (Filing Fee PAID $400 - Receipt #0424-3130024.) (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Verification, #7 Civil Cover Sheet)(wrr) Modified on 10/5/2020 to correct filing date (wrr). NEF regenerated.

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Plaintiff: Columbia Gas Transmission, LLC
Represented By: Matthew S. Casto
Represented By: Katrina N. Bowers
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Defendant: Michael P. Heaster, Jr.
Represented By: Rodney C. Windom
Represented By: Scott A Windom
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