Seikel et al v. Alvarez et al
Plaintiff: Joseph Seikel and Terence Seikel
Defendant: David B. Alvarez, APPLIED CONSTRUCTION SOLUTIONS, INC., Energy Transportation, LLC, Energy Resource Group, LLC, ET360, LLC, Bear Contracting, LLC, BEAR UTILITIES, LLC, JASON P. HENDERSON and JOHN DOES NOS., 1-50
Petitioner: United States of America
Case Number: 1:2023cv00001
Filed: January 5, 2023
Court: US District Court for the Northern District of West Virginia
Presiding Judge: Thomas S Kleeh
Nature of Suit: Qui Tam (31 U.S.C. 3729(a))
Cause of Action: 31 U.S.C. ยง 3729 False Claims Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 1, 2023 Opinion or Order Filing 70 Corporate Disclosure Statement by Energy Transportation, LLC. (Weintraub, Marc)
March 1, 2023 Opinion or Order Filing 69 Corporate Disclosure Statement by APPLIED CONSTRUCTION SOLUTIONS, INC.. (Weintraub, Marc)
March 1, 2023 Opinion or Order Filing 68 FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING CONFERENCE: ***NOTICE TO ATTORNEYS*** : Pursuant to Rule 7.1 of the Federal Rules of Civil Procedure, ALL Non-governmental CORPORATE parties must file a DISCLOSURE STATEMENT with the Court. Forms are available on the Court's Web Site at http://www.wvnd.uscourts.gov/forms.htm Rule 26 Meeting to be held by 3/30/2023. Rule 26 Meeting Report due by 4/13/2023. Discovery due by 5/1/2023. Signed by Chief District Judge Thomas S Kleeh on 3/1/2023. (hrc)
February 28, 2023 Opinion or Order Filing 67 Memorandum in Support re #66 MOTION to Dismiss because Relators are not qualified to bring a False Claims Act action filed by APPLIED CONSTRUCTION SOLUTIONS, INC., David B. Alvarez, Energy Transportation, LLC. (Weintraub, Marc)
February 28, 2023 Opinion or Order Filing 66 MOTION to Dismiss because Relators are not qualified to bring a False Claims Act action by APPLIED CONSTRUCTION SOLUTIONS, INC., David B. Alvarez, Energy Transportation, LLC. (Weintraub, Marc)
February 28, 2023 Opinion or Order Filing 65 AMENDED DOCUMENT by ET360, LLC, Energy Resource Group, LLC, JASON P. HENDERSON. Amendment to #64 MEMORANDUM in Support of Motion to Dismiss. (Morgan, Shawn)
February 28, 2023 Opinion or Order Filing 64 MEMORANDUM OF LAW IN SUPPORT by ET360, LLC, Energy Resource Group, LLC, JASON P. HENDERSON re #63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , LACK OF JURISDICTION AND FAILURE TO ALLEGE FRAUD . (Morgan, Shawn)
February 28, 2023 Opinion or Order Filing 63 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , LACK OF JURISDICTION AND FAILURE TO ALLEGE FRAUD by ET360, LLC, Energy Resource Group, LLC, JASON P. HENDERSON. (Morgan, Shawn)
February 7, 2023 Opinion or Order Filing 62 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before Chief District Judge Thomas S Kleeh. Status Conference held on 2/7/2023. (Court Reporter Rachel Kocher) (dk)
January 30, 2023 Opinion or Order Filing 61 ORDER granting #57 MOTION for Leave to Appear Pro Hac Vice for Alexandra Serber filed by Energy Transportation, LLC, APPLIED CONSTRUCTION SOLUTIONS, INC., David B. Alvarez Signed by Chief District Judge Thomas S Kleeh on 01/30/2023. (hrc)
January 30, 2023 Opinion or Order Filing 60 ORDER granting #51 MOTION for Leave to Appear Pro Hac Vice for William G. Powers filed by Terence Seikel, Joseph Seikel Signed by Chief District Judge Thomas S Kleeh on 01/30/2023. (hrc)
January 30, 2023 Opinion or Order Filing 59 ORDER: granting #50 MOTION for Leave to Appear Pro Hac Vice for Andrew M. Miller filed by Terence Seikel, Joseph Seikel Signed by Chief District Judge Thomas S Kleeh on 01/30/2023. (hrc)
January 27, 2023 Opinion or Order Filing 58 Pro Hac Vice Filing Fee for Alexandra Serber in the amount of $200.00 paid. Receipt Number WVNC003586. (jb)
January 27, 2023 Opinion or Order Filing 57 MOTION for Leave to Appear Pro Hac Vice for Alexandra Serber by APPLIED CONSTRUCTION SOLUTIONS, INC., David B. Alvarez, Energy Transportation, LLC. (Attachments: #1 Attachment Attachment A)(Weintraub, Marc)
January 26, 2023 Opinion or Order Filing 56 STIPULATION AND ORDER. Defendants David B. Alvarez, Applied Construction Solutions, Inc., Energy Transportation, LLC, Energy Resource Group, LLC, ET360, LLC and Jason P. Henderson may file responsive pleadings to Complaint through February 28, 2023. Signed by Chief District Judge Thomas S Kleeh on 1/26/2023. (jb) Modified on 1/26/2023 to add select defendants (jb).
January 26, 2023 Opinion or Order Filing 55 STIPULATION TO EXTEND TIME by APPLIED CONSTRUCTION SOLUTIONS, INC., David B. Alvarez, Energy Transportation, LLC. (Weintraub, Marc)
January 24, 2023 Opinion or Order Filing 54 NOTICE of Appearance by Shawn A. Morgan on behalf of ET360, LLC, Energy Resource Group, LLC, JASON P. HENDERSON (Morgan, Shawn)
January 23, 2023 Opinion or Order Filing 53 Pro Hac Vice Filing Fee for Andrew M. Miller and William G. Powers in the amount of $400.00 Paid. Receipt Number WVNC003583. (jb)
January 23, 2023 Opinion or Order Filing 52 NOTICE of Appearance by Anthony J. Majestro on behalf of Joseph Seikel, Terence Seikel (Majestro, Anthony)
January 20, 2023 Opinion or Order Filing 51 MOTION for Leave to Appear Pro Hac Vice for William G. Powers by Joseph Seikel, Terence Seikel. (Majestro, Anthony)
January 20, 2023 Opinion or Order Filing 50 MOTION for Leave to Appear Pro Hac Vice for Andrew M. Miller by Joseph Seikel, Terence Seikel. (Majestro, Anthony)
January 19, 2023 Opinion or Order Filing 49 ORDER APPROVING #48 DEPARTMENT OF JUSTICE ATTORNEY'S APPLICATION TO APPEAR PRO HAC VICE. Signed by Chief District Judge Thomas S Kleeh on 1/19/2023. (dk)
January 19, 2023 Opinion or Order Filing 48 MOTION for Leave to Appear Pro Hac Vice by United States of America. (Nogay, Maximillian)
January 19, 2023 Opinion or Order Filing 47 NOTICE of Appearance by Christopher James Prezioso on behalf of United States of America (Prezioso, Christopher)
January 19, 2023 Opinion or Order Filing 46 NOTICE of Appearance by Maximillian F. Nogay on behalf of United States of America (Nogay, Maximillian)
January 12, 2023 Opinion or Order Filing 45 CORRECTED VERIFICATION OF ATTORNEY ADMISSION as to William G. Powers, Esquire; Paul W. Kaufman, Esquire; Elizabeth L. Coyne, Esquire; and Gregory B. David, Esquire. (jb)
January 11, 2023 Opinion or Order Filing 44 VERIFICATION OF ATTORNEY ADMISSION as to Andrew M. Miller, Esquire; William G. Powers, Esquire; Paul W. Kaufman, Esquire; Elizabeth L. Coyne, Esquire; Gregory B. David, Esquire; and Alexandra Langley Serber, Esquire. (jb)
January 9, 2023 Opinion or Order Filing 43 ORDER SCHEDULING STATUS CONFERENCE. Status Conference set for 2/7/2023 1:00 PM by Zoom before Chief District Judge Thomas S Kleeh. Signed by Chief District Judge Thomas S Kleeh on 1/09/2023. (jb)
January 5, 2023 Opinion or Order Filing 42 Case transferred in from District of Pennsylvania Eastern; Case Number 2:20-cv-05286. (jb)
January 4, 2023 Opinion or Order Filing 41 ORDER THAT THE MOTION TO TRANSFER IS GRANTED FOR THE REASONS STATED ON THE RECORD. THE CLERK OF COURT IS HEREBY DIRECTED TO TRANSFER THE CASE TO THE NORTHERN DISTRICT OF WEST VIRGINIA, CLARKSBURG DIVISION. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 1/4/23. 1/5/23 ENTERED AND COPIES E-MAILED.(mbh) [Transferred from Pennsylvania Eastern on 1/5/2023.]
January 4, 2023 Opinion or Order CASE TRANSFERRED TO THE NORTHERN DISTRICT OF WEST VIRGINIA, CLARKSBURG DIVISION. (mbh) [Transferred from Pennsylvania Eastern on 1/5/2023.]
January 4, 2023 Opinion or Order Filing 40 Minute Entry for proceedings held before HONORABLE EDUARDO C. ROBRENO by Zoom Video. Motion Hearing held on 1/4/23. Court Reporter: ESR. (mbh) [Transferred from Pennsylvania Eastern on 1/5/2023.]
December 30, 2022 Opinion or Order Filing 39 ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF ALEXANDRA LANGLEY SERBER, ESQ. IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 12/30/22. 12/30/22 ENTERED AND COPIES E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 1/5/2023.]
December 30, 2022 Opinion or Order Filing 38 ORDER THAT THE APPLICATION FOR PRO HAC VICE ADMISSION OF MARC R. WEINTRAUB, ESQ. IS GRANTED AS OUTLINED HEREIN. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 12/30/22. 12/30/22 ENTERED AND COPIES E-MAILED.(amas) [Transferred from Pennsylvania Eastern on 1/5/2023.]
December 28, 2022 Opinion or Order Filing 37 APPLICATION for Admission Pro Hac Vice of Alexandra L. Serber by DAVID B. ALVAREZ, APPLIED CONSTRUCTION SOLUTIONS, INC., ENERGY TRANSPORTATION LLC. ( Filing fee $ 40 receipt number APAEDC-16398040.). (KIPNIS, PATRICIA) [Transferred from Pennsylvania Eastern on 1/5/2023.]
December 28, 2022 Opinion or Order Filing 36 APPLICATION for Admission Pro Hac Vice of Marc R. Weintraub by DAVID B. ALVAREZ, APPLIED CONSTRUCTION SOLUTIONS, INC., ENERGY TRANSPORTATION LLC. ( Filing fee $ 40 receipt number APAEDC-16397011.). (KIPNIS, PATRICIA) [Transferred from Pennsylvania Eastern on 1/5/2023.]
December 20, 2022 Opinion or Order Filing 35 ORDER THAT A VIDEOCONFERENCE SHALL BE HELD VIA ZOOM ON 1/4/2023 AT 11:00 AM BEFORE HONORABLE EDUARDO C. ROBRENO. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 12/20/22. 12/21/22 ENTERED AND COPIES E-MAILED.(mbh) [Transferred from Pennsylvania Eastern on 1/5/2023.]
December 14, 2022 Opinion or Order Filing 34 RESPONSE in Opposition re #28 MOTION to Transfer Venue under 28 USC Sec 1404(a) filed by JOSEPH SEIKEL, TERENCE SEIKEL. (Attachments: #1 Declaration of J. Seikel, #2 Text of Proposed Order)(MILLER, ANDREW) [Transferred from Pennsylvania Eastern on 1/5/2023.]
November 23, 2022 Opinion or Order Filing 33 AFFIDAVIT of Service re: served COMPLAINT via WAIVER OF SERVICE upon Defendants Energy Resource Group, LLC; ET360, LLC; and Jason Henderson on 11/23/2022 (MILLER, ANDREW) [Transferred from Pennsylvania Eastern on 1/5/2023.]
November 23, 2022 Opinion or Order Filing 32 AFFIDAVIT of Service re: served COMPLAINT via WAIVER OF SERVICE upon Defendants David B. Alvarez; Applied Construction Solutions, Inc.; and Energy Transportation, LLC on 11/23/2022 (MILLER, ANDREW) [Transferred from Pennsylvania Eastern on 1/5/2023.]
November 22, 2022 Opinion or Order Filing 31 ORDER THAT PLAINTIFF-RELATORS SHALL SUBMIT A RESPONSE TO DEFENDANTS' MOTION TO TRANSFER VENUE ON OR BY 12/14/22. ANY RESPONSIVE PLEADING TO THE COMPLAINT AND SUMMONS SHALL BE FILED 21 DAYS FOLLOWING THE DISPOSITION OF DEFENDANTS' MOTION TO TRANSFER VENUE. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 11/22/22. 11/22/22 ENTERED AND COPIES E-MAILED.(mbh) [Transferred from Pennsylvania Eastern on 1/5/2023.]
November 16, 2022 Opinion or Order Filing 30 Notice of Joinder to Alvarez Defendants' Motion to Transfer Venue Under 28 U.S.C. 1404(a) filed by ENERGY RESOURCE GROUP, LLC, ET360, LLC, JASON P. HENDERSON.Certificate of Service.(WILLIAMS, ALLISON) Modified on 11/17/2022 (fb). [Transferred from Pennsylvania Eastern on 1/5/2023.]
November 16, 2022 Opinion or Order Filing 29 NOTICE of Appearance by ALLISON B. WILLIAMS on behalf of ENERGY RESOURCE GROUP, LLC, ET360, LLC, JASON P. HENDERSON with Certificate of Service(WILLIAMS, ALLISON) [Transferred from Pennsylvania Eastern on 1/5/2023.]
November 9, 2022 Opinion or Order Filing 28 MOTION to Transfer Venue under 28 USC Sec 1404(a) filed by DAVID B. ALVAREZ, APPLIED CONSTRUCTION SOLUTIONS, INC., ENERGY TRANSPORTATION LLC.Memorandum, Declarations, Certificate of Service. (Attachments: #1 Text of Proposed Order Proposed Order Granting Motion To Transfer Venue, #2 Memorandum Memorandum in Support of Motion to Transfer Venue, #3 Declaration Declaration of Patricia M. Kipnis in Support of Motion to Transfer Venue, #4 Exhibit A - Octane Environmental Business Entity Details, #5 Exhibit B - Alvarez Declaration, #6 Exhibit C - Octane, et al. Motion to Compel, #7 Exhibit D - Order denying Octane's Motion, #8 Exhibit E - Order Denying Motion by Non-Party Alvarez, #9 Exhibit F - Redacted Transcript of David Alvarez)(KIPNIS, PATRICIA) [Transferred from Pennsylvania Eastern on 1/5/2023.]
November 9, 2022 Opinion or Order Filing 27 NOTICE of Appearance by PATRICIA MULVOY KIPNIS on behalf of DAVID B. ALVAREZ, APPLIED CONSTRUCTION SOLUTIONS, INC., ENERGY TRANSPORTATION LLC (KIPNIS, PATRICIA) [Transferred from Pennsylvania Eastern on 1/5/2023.]
November 1, 2022 Opinion or Order Filing 26 Letter from Ronald Vance, Deputy Clerk to Hon. Eduardo C. Robreno to Andrew M. Miller, Esq., dated November 1, 2022 re: A review of the Court's records shows that service of the complaint has not been made in the above-captioned action. In order to eliminate delay in bringing this case to trial, service must be made by November 23, 2022. If service is not made within the time set forth above, the Court will dismiss the complaint without prejudice for lack of prosecution. (rv) [Transferred from Pennsylvania Eastern on 1/5/2023.]
August 25, 2022 Opinion or Order Filing 25 Summons Issued as to DAVID B. ALVAREZ, APPLIED CONSTRUCTION SOLUTIONS, INC., BEAR CONTRACTING, LLC, BEAR UTILITIES, LLC, ENERGY RESOURCE GROUP, LLC, ENERGY TRANSPORTATION LLC, ET360, LLC, JASON P. HENDERSON. E-Mailed To: Relator's Counsel on 8/25/2022. (fb) [Transferred from Pennsylvania Eastern on 1/5/2023.]
August 25, 2022 Opinion or Order Filing 24 ORDER THAT: THE COMPLAINT SHALL BE UNSEALED AND SERVED UPON THE DEFENDANTS BY THE RELATORS; ALL OTHER CONTENTS OF THE COURT'S FILE IN THIS ACTION-INCLUDING, BUT NOT LIMITED TO, ALL OF THE UNITED STATES' SUBMISSIONS AND ANY RECORDINGS OF TELECONFERENCES WITH THE COURT-SHALL REMAIN UNDER SEAL AND NOT BE MADE PUBLIC OR SERVED UPON THE DEFENDANTS OR RELATORS, EXCEPT FOR THIS ORDER AND THE "NOTICE OF THE UNITED STATES THAT IT IS NOT INTERVENING AT THIS TIME," WHICH THE RELATORS WILL SERVE UPON THE DEFENDANTS ONLY AFTER SERVICE OF THE COMPLAINT; THE SEAL BE LIFTED AS TO ALL OTHER MATTERS OCCURRING IN THIS ACTION AFTER THE DATE OF THIS ORDER, ETC.. SIGNED BY HONORABLE EDUARDO C. ROBRENO ON 8/25/22. 8/25/22 ENTERED AND COPIES E-MAILED.(fb) [Transferred from Pennsylvania Eastern on 1/5/2023.]
August 24, 2022 Opinion or Order Filing 23 NOTICE by UNITED STATES OF AMERICA that it is Not Intervening at this Time, Certificate of Service. (fb) [Transferred from Pennsylvania Eastern on 1/5/2023.]

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Search for this case: Seikel et al v. Alvarez et al
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Plaintiff: Joseph Seikel
Represented By: ANDREW M. MILLER
Represented By: WILLIAM G. POWERS
Represented By: Anthony J. Majestro
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Plaintiff: Terence Seikel
Represented By: ANDREW M. MILLER
Represented By: WILLIAM G. POWERS
Represented By: Anthony J. Majestro
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Petitioner: United States of America
Represented By: PAUL W. KAUFMAN
Represented By: ELIZABETH L. COYNE
Represented By: GREGORY B. DAVID
Represented By: Christopher James Prezioso
Represented By: Maximillian F. Nogay
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Defendant: David B. Alvarez
Represented By: ALEXANDRA LANGLEY SERBER
Represented By: Marc R. Weintraub
Represented By: PATRICIA MULVOY KIPNIS
Represented By: Patricia M. Kipnis
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Defendant: APPLIED CONSTRUCTION SOLUTIONS, INC.
Represented By: ALEXANDRA LANGLEY SERBER
Represented By: Marc R. Weintraub
Represented By: PATRICIA MULVOY KIPNIS
Represented By: Patricia M. Kipnis
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Defendant: Energy Transportation, LLC
Represented By: ALEXANDRA LANGLEY SERBER
Represented By: Marc R. Weintraub
Represented By: PATRICIA MULVOY KIPNIS
Represented By: Patricia M. Kipnis
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Defendant: Energy Resource Group, LLC
Represented By: Allison B. Williams
Represented By: Quentin Thomas Collie
Represented By: Shawn A. Morgan
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Defendant: ET360, LLC
Represented By: Allison B. Williams
Represented By: Quentin Thomas Collie
Represented By: Shawn A. Morgan
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Defendant: Bear Contracting, LLC
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Defendant: BEAR UTILITIES, LLC
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Defendant: JASON P. HENDERSON
Represented By: Allison B. Williams
Represented By: Quentin Thomas Collie
Represented By: Shawn A. Morgan
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Defendant: JOHN DOES NOS., 1-50
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