King v. McElroy Coal Company et al
| King and Roger E. King |
| McElroy Coal Company, Caterpillar Global Mining, LLC, Murray Energy Corporation, Caterpillar, Inc., R.M. Wilson Co., Inc., The Crosby Group, LLC, Thiele GmbH & Co. KG, Bucyrus Field Services, LLC, Bucyrus International, Inc., Consol Financial, Inc, Longwell Associates, Inc., Yale Cordage, Inc., The Crosby Group, Inc., Bucyrus Mining Equipment, Inc., Caterpillar Global Mining Equipment, LLC, Ken Harvey, Longwell Associates International, Inc., Bucyrus Field Services, Inc., Consol Energy, Inc. and Thiele Transatlantic Trading, LLC |
| 5:2016cv00001 |
| January 4, 2016 |
| US District Court for the Northern District of West Virginia |
| Wheeling Office |
| Kanawha |
| John Preston Bailey |
| P.I.: Other |
| 28 U.S.C. § 1441 |
| Both |
Docket Report
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This docket was last retrieved on March 24, 2016. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 74 LETTER from Clerk, U. S. District Court to Clerk, Circuit Court of Marshall Co., WV regarding #73 Order on Motion to Amend/Correct, Order on Motion to Remand, Order Dismissing Case Memorandum & Opinion. (soa) |
Filing 73
MEMORANDUM OPINION AND ORDER GRANTING MOTION TO AMEND COMPLAINT AND SUMMONS AND GRANTING MTOION TO REMAND: Granting #48 Motion to Amend/Correct; Granting #50 Motion to Remand; Clerk directed to add R.M. Wilson, Inc. as a party defendant. Case remanded to Circuit Court of Marshall Co., WV. Signed by District Judge John Preston Bailey on 3/24/16. (soa)copy to Clerk, Circuit Court of Marshall Co., WV) Modified on 3/24/2016 to correct added Def's name and regenerate NEF (soa).
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| Filing 72 CERTIFICATE OF SERVICE by Roger E. King for Plaintiff's Initial Rule 26(a)(1) Disclosures. (Masters, Marvin) |
| Set/Reset Deadlines: Initial Discovery Disclosures due by 6/10/2016. (as set in Docket Entry No. 71) (soa) |
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Filing 71
PAPERLESS ORDER: Upon consideration, the Motion to Modify Initial Discovery Disclosure Deadline #66 and the Motions for Joinder #67 #68 #69 #70 are GRANTED. Accordingly, the Initial Discovery Disclosures deadline contained in the First Order and Notice #12 is hereby EXTENDED to June 10, 2016. It is so ORDERED. Signed by District Judge John Preston Bailey on 3/14/2016. (JP)
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| Filing 70 MOTION for Joinder in Motion to Modify Initial Discovery Deadline by Roger E. King. (Masters, Marvin) |
| Filing 69 MOTION for Joinder in Defendant Yale Cordage, Inc's Motion to Modify Initial Discovery Disclosure Deadline by Consol Energy, Inc., Consol Financial, Inc, Ken Harvey, McElroy Coal Company, Murray Energy Corporation. (Stritch, Denielle-Jacqueline) |
| Filing 68 MOTION for Joinder in Motion to Modify Initial Discovery Deadline by The Crosby Group, LLC. (Merical, Joseph) |
| Filing 67 MOTION for Joinder in Defendant Yale Cordage, Inc's Motion to Modify Initial Discovery Disclosure Deadline by Caterpillar Global Mining Equipment, LLC, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Shepard, Mark) |
| Filing 66 MOTION TO MODIFY INITIAL DISCOVERY DISCLOSURE DEADLINE Other Document re #55 Order on Motion to Continue, filed by Yale Cordage, Inc.. (Buck, Thomas) Modified on 3/11/2016: changed event type to "Motion" (nmm). |
| Filing 65 NOTICE by Roger E. King of Telephonic Planning Meeting (Masters, Marvin) |
| Filing 64 YALE CORDAGE, INC.S JOINDER IN MCELROY COAL COMPANY, CONSOL ENERGY INC., CONSOL FINANCIAL, INC., MURRAY ENERGY CORPORATION, AND KEN HARVEYS RESPONSE TO MOTION TO REMAND AND RESPONSE TO MOTION TO AMEND COMPLAINT AND SUMMONS Other Document re #59 Response to Motion, #58 Response to Motion filed by Yale Cordage, Inc.. (Attachments: #1 Attachment LETTER TO CLERK, #2 Affidavit AFFIDAVIT OF TOM YALE)(Buck, Thomas) |
| Filing 63 MOTION for Joinder in McElroy Coal Company, Consol Energy Inc., Consol Financial, Inc, Murray Energy Coporation and Ken Harvey's Response to Motion to Remand and Response to Motion to Amend Complaint and Summons by Longwell Associates International, Inc., Longwell Associates, Inc.. (Noel, Heather) |
| Filing 62 RESPONSE in Opposition re #50 MOTION to Remand filed by The Crosby Group, LLC. (Merical, Joseph) |
| Filing 61 RESPONSE in Opposition re #48 MOTION to Amend/Correct Complaint and Summons filed by The Crosby Group, LLC. (Merical, Joseph) |
| Filing 60 MOTION for Joinder in McElroy Coal Company, CONSOL Energy Inc., CONSOL Financial Inc., Murray Energy Corporation and Ken Harvey's Response to Motion to Remand and Response to Motion to Amend Complaint and Summons by Caterpillar Global Mining Equipment, LLC, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Shepard, Mark) |
| Filing 59 RESPONSE to Motion re #50 MOTION to Remand filed by Consol Energy, Inc., Consol Financial, Inc, Ken Harvey, McElroy Coal Company, Murray Energy Corporation. (Attachments: #1 Exhibit A)(Rector, Larry) |
| Filing 58 RESPONSE to Motion re #48 MOTION to Amend/Correct Complaint and Summons filed by Consol Energy, Inc., Consol Financial, Inc, Ken Harvey, McElroy Coal Company, Murray Energy Corporation. (Rector, Larry) |
| Filing 57 Other Document Declaration of Arnd N. Von Waldow filed by Thiele Transatlantic Trading, LLC. (Attachments: #1 Exhibit A)(von Waldow, Arnd) |
| Filing 56 RESPONSE in Opposition re #48 MOTION to Amend/Correct Complaint and Summons filed by Thiele Transatlantic Trading, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(von Waldow, Arnd) |
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Filing 55
ORDER: Granting #52 Joint Motion to Continue; telephonic meeting to take place by 5/11/16. Signed by District Judge John Preston Bailey on 2/10/16. (soa)
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| Filing 54 Corporate Disclosure Statement by Yale Cordage, Inc.. (Buck, Thomas) |
| Filing 53 Mail sent to Arnd N. von Waldow #12 FirstOrder, Returned as Undeliverable. ( #12 remailed to Von Waldow at updated address.) (soa) |
| Filing 52 Joint MOTION to Continue Initial Planning Meeting by Thiele Transatlantic Trading, LLC. (Attachments: #1 Text of Proposed Order)(von Waldow, Arnd) |
| Filing 51 MEMORANDUM in Support of Plaintiff's Motion to Remand by Roger E. King re #50 MOTION to Remand . (Masters, Marvin) |
| Filing 50 MOTION to Remand by Roger E. King. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Masters, Marvin) |
| Filing 49 MEMORANDUM in Support of Motion to Amend Complaint and Summons by Roger E. King re #48 MOTION to Amend/Correct Complaint and Summons . (Masters, Marvin) |
| Filing 48 MOTION to Amend/Correct Complaint and Summons by Roger E. King. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Masters, Marvin) |
| Filing 47 Defendant The Crosby Group LLC's ANSWER to Complaint by The Crosby Group, LLC.(Merical, Joseph) |
| Filing 46 CERTIFICATE OF SERVICE by Roger E. King for Plaintiffs Answers to Defendant Thiele Transatlantic Trading, LLCs Interrogatories Directed to Plaintiff and Plaintiffs Responses to Defendant Thiele Transatlantic Trading, LLCs Request for Production of Documents. (Masters, Marvin) |
| Filing 45 REPLY to Response to Motion re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Ken Harvey and CONSOL Financial Inc. Partial Motion to Dismiss Mine Defendants filed by Consol Energy, Inc., Consol Financial, Inc, Ken Harvey, McElroy Coal Company, Murray Energy Corporation. (Rector, Larry) |
| Filing 44 ANSWER to Complaint by Longwell Associates International, Inc., Longwell Associates, Inc..(Noel, Heather) |
| Filing 43 Corporate Disclosure Statement by Caterpillar Global Mining Equipment, LLC, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Shepard, Mark) |
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Filing 42
ORDER: Granting #39 Motion for Lori Chapin to Appear PHV. Signed by District Judge John Preston Bailey on 1/25/16. (soa)
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Filing 41
ORDER: Granting #38 Motion for Leave for Kimberly Cook to Appear PHV. Signed by District Judge John Preston Bailey on 1/25/16. (soa)
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| Filing 40 PHV fees: $ 400, receipt number WVNW001344 (for Kimberly Cook and Lori Chapin) (soa) |
| Filing 39 MOTION for Leave to Appear Pro Hac Vice of Lori E. Chapin by Bucyrus Field Services, Inc., Bucyrus Field Services, LLC, Bucyrus International, Inc., Bucyrus Mining Equipment, Inc., Caterpillar Global Mining Equipment, LLC, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Shepard, Mark) |
| Filing 38 MOTION for Leave to Appear Pro Hac Vice of Kimberly A. Cook by Bucyrus Field Services, Inc., Bucyrus Field Services, LLC, Bucyrus International, Inc., Bucyrus Mining Equipment, Inc., Caterpillar Global Mining Equipment, LLC, Caterpillar Global Mining, LLC, Caterpillar, Inc.. (Shepard, Mark) |
| Filing 37 RESPONSE in Opposition re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Ken Harvey and CONSOL Financial Inc. Partial Motion to Dismiss Mine Defendants filed by Roger E. King. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D)(Masters, Marvin) |
| Filing 36 STIPULATION for Enlargement of Time for Defendant The Crosby Group LLC to Respond to Plaintiff's Complaint by The Crosby Group, LLC. (Merical, Joseph) |
| Filing 35 Corporate Disclosure Statement by The Crosby Group, LLC. (Merical, Joseph) |
| Filing 34 STIPULATION for Extension of Time for Plaintiff to Respond to Defendant Thiele Transatlantic Trading, LLC's Interrogatories and Request for Production of Documents by Roger E. King. (Masters, Marvin) |
| Filing 33 Corporate Disclosure Statement by Longwell Associates International, Inc., Longwell Associates, Inc.. (Noel, Heather) |
| Filing 32 SUMMONS Returned Executed as to Yale Cordage, Inc. served on 12/14/2015. (Masters, Marvin) |
| Filing 31 SUMMONS Returned Executed as to Thiele Transatlantic Trading, LLC served on 11/23/2015. (Masters, Marvin) |
| Filing 30 SUMMONS Returned Executed as to The Crosby Group, LLC served on 12/14/2015. (Masters, Marvin) |
| Filing 29 SUMMONS Returned Executed as to The Crosby Group, Inc. served on 12/14/2015. (Masters, Marvin) |
| Filing 28 SUMMONS Returned Executed as to Murray Energy Corporation served on 12/11/2015. (Masters, Marvin) |
| Filing 27 SUMMONS Returned Executed as to McElroy Coal Company served on 12/11/2015. (Masters, Marvin) |
| Filing 26 SUMMONS Returned Executed as to Longwell Associates International, Inc. served on 12/11/2015. (Masters, Marvin) |
| Filing 25 SUMMONS Returned Executed as to Longwell Associates, Inc. served on 12/11/2015. (Masters, Marvin) |
| Filing 24 SUMMONS Returned Executed as to Consol Financial, Inc served on 12/11/2015. (Masters, Marvin) |
| Filing 23 SUMMONS Returned Executed as to Consol Energy, Inc. served on 12/11/2015. (Masters, Marvin) |
| Filing 22 SUMMONS Returned Executed as to Caterpillar, Inc. served on 12/11/2015. (Masters, Marvin) |
| Filing 21 SUMMONS Returned Executed as to Caterpillar Global Mining, LLC served on 12/11/2015. (Masters, Marvin) |
| Filing 20 SUMMONS Returned Executed as to Caterpillar Global Mining Equipment, LLC served on 12/11/2015. (Masters, Marvin) |
| Filing 19 SUMMONS Returned Executed as to Bucyrus Mining Equipment, Inc. served on 12/11/2015. (Masters, Marvin) |
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Filing 18
ORDER TO EXTEND TIME FOR SERVICE OF PROCESS: Granting #13 Motion for Extension of Time to File; plaintiff has additional 180 days to serve def., Thiele GmbH, and an additional 60 days to serve defs., Bucyrus International and Bucyrus Field Services. Signed by District Judge John Preston Bailey on 1/13/16. (soa)
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| Filing 17 Corporate Disclosure Statement by Yale Cordage, Inc.. (Buck, Thomas) (Main Document 17 replaced on 1/13/2016) (soa). Modified on 1/13/2016 to docket only Disclosure Statement and regenerate NEF (soa). |
| Filing 16 NOTICE of Appearance by Thomas E. Buck on behalf of Yale Cordage, Inc. (Buck, Thomas) (Main Document 16 replaced on 1/13/2016) (soa). Modified on 1/13/2016 to docket only NOA and regenerate NEF(soa). |
| Filing 15 NOTICE of Appearance by Heather M. Noel on behalf of Longwell Associates International, Inc., Longwell Associates, Inc. (Noel, Heather) |
| Filing 14 SUMMONS Returned Executed as to Bucyrus Field Services, Inc. served on 12/11/2015. (Masters, Marvin) (Main Document 14 replaced on 1/12/2016) (soa). Modified on 1/12/2016 to attach correct document and regenerate NEF(soa). |
| Filing 13 MOTION for Extension of Time to File Extend Time for Service by Roger E. King. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5)(Masters, Marvin) |
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Filing 12
ORDER -- FIRST ORDER AND NOTICE REGARDING DISCOVERY AND SCHEDULING: ***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 2/11/2016. Rule 26 Meeting Report due by 2/25/2016. Initial Discovery Disclosures due by 3/11/2016. Signed by District Judge John Preston Bailey on 1/12/16. (soa)
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| Filing 11 VERIFICATION OF ATTORNEY ADMISSION re #10 Answer to Complaint, mailed by U. S. Mail to Kimberly A. Cook, Sedgwick LLP, One Biscayne Tower, Suite 1500, Two South Biscayne Blvd., Miama, FL 33-31-1822 and to Lori E. Chapin, Sedgwick LLP, 1085 Raymond Blvd., One Newark Center, 16th Floor, Newark, NJ 07102-5225. (soa) |
| Filing 10 ANSWER to Complaint by Bucyrus Field Services, Inc., Bucyrus Field Services, LLC, Bucyrus International, Inc., Bucyrus Mining Equipment, Inc., Caterpillar Global Mining Equipment, LLC, Caterpillar Global Mining, LLC, Caterpillar, Inc..(Shepard, Mark) |
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Filing 9
ORDER TRANSFERRING CIVIL ACTION: Case reassigned to District Judge John Preston Bailey for all further proceedings. Senior Judge Frederick P. Stamp, Jr no longer assigned to case. Signed by Senior Judge Frederick P. Stamp, Jr on 1/6/16. (soa)
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| Filing 8 ANSWER to Complaint (Notice of Removal) CONSOL Energy, Inc., McElroy Coal Company, and Murray Energy Corporation by Consol Energy, Inc.. (Rector, Larry) |
| Filing 7 MEMORANDUM In Support of Motion to Dismiss by Ken Harvey re #6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Ken Harvey and CONSOL Financial Inc. Partial Motion to Dismiss Mine Defendants . (Rector, Larry) |
| Filing 6 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Ken Harvey and CONSOL Financial Inc. Partial Motion to Dismiss Mine Defendants by Ken Harvey. (Rector, Larry) |
| Filing 5 Corporate Disclosure Statement by Consol Energy, Inc.. (Rector, Larry) |
| Filing 4 Corporate Disclosure Statement by Consol Financial, Inc. (Rector, Larry) |
| Filing 3 Corporate Disclosure Statement by McElroy Coal Company. (Rector, Larry) |
| Filing 2 Corporate Disclosure Statement by Murray Energy Corporation. (Rector, Larry) |
| Filing 1 NOTICE OF REMOVAL (FEE PAID) with State Court Papers from Circuit Court of Marshall County, WV, (case number 15-C-169 H), filed by McElroy Coal Company, Ken Harvey, Consol Energy, Inc., Consol Financial, Inc, Murray Energy Corporation. Filing Fee $400. Receipt #0424-2030378 (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Service of Process, #3 Exhibit C - Answer/Affirmative Defense of Thiele Transatlantic, #4 Exhibit D - Consent to Removal, #5 Proof of Service, #6 Civil Cover Sheet)(soa) |
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