Wendt v. Marshall County Coal Resources, Inc. et al
| Charles Wendt |
| Marshall County Coal Resources, Inc. and West Virginia Land Resources, Inc. |
| Robert G. McElwee |
| 5:2023cv00196 |
| May 26, 2023 |
| US District Court for the Northern District of West Virginia |
| John Preston Bailey |
| Real Property: Other |
| 28 U.S.C. § 1332 Diversity-Injunctive & Declaratory Relief |
| Plaintiff |
Docket Report
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| Document Text |
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| Filing 34 USCA letter re #30 MOTION to Amend/Correct. (lmm) |
| Filing 33 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #32 Notice of Appeal (lmm) |
| Filing 32 NOTICE OF APPEAL as to #24 Order on Motion to Dismiss for Failure to State a Claim,,, by Charles Wendt. Filing fee $; 505, receipt number AWVNDC-3755935. Appeal Record due by 8/30/2023. (Llaguno, Joy) |
| Filing 31 Memorandum in Support re #30 MOTION to Amend/Correct #24 Order on Motion to Dismiss for Failure to State a Claim,,, Findings of Fact, Conclusions of Law, and Order on Preliminary Injunction MOTION to Vacate filed by Robert G. McElwee, Charles Wendt. (Llaguno, Joy) |
| Filing 30 MOTION to Amend/Correct #24 Order on Motion to Dismiss for Failure to State a Claim,,, Findings of Fact, Conclusions of Law, and Order on Preliminary Injunction, MOTION to Vacate by Robert G. McElwee, Charles Wendt. (Attachments: #1 Proposed Order)(Llaguno, Joy) |
Filing 29
ORDER GRANTING IN PART AND DENYING IN PART ROBERT MCELWEE'S MOTION TO INTERVENE AS OF RIGHT AND FOR EXPEDITED HEARING ON PRELIMINARY INJUNCTION #26 . Motion to Intervene as of Right and for Expedited Hearing on Preliminary Injunction #26 is hereby GRANTED IN PART insofar as it relates to the request to intervene. This Court DENIES the Motion insofar as it relates to Robert McElwee's request to stay this Court's Preliminary Injunction Order #24 and as it relates to his request for an expedited hearing. Signed by District Judge John Preston Bailey on 7/11/2023. (ag)
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| Filing 28 RESPONSE in Opposition re #26 MOTION to Intervene as of Right and for Expedited Hearing on Preliminary Injunction filed by Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc.. (Attachments: #1 Affidavit)(Hall, J.) |
| Filing 27 Memorandum in Support re #26 MOTION to Intervene as of Right and for Expedited Hearing on Preliminary Injunction filed by Robert G. McElwee. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Llaguno, Joy) |
| Filing 26 MOTION to Intervene as of Right and for Expedited Hearing on Preliminary Injunction by Robert G. McElwee. (Attachments: #1 Affidavit of Robert G. McElwee, #2 Proposed Complaint in Intervention, #3 Proposed Order)(Llaguno, Joy) |
| Filing 25 NOTICE by Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc. re #24 Order on Motion to Dismiss for Failure to State a Claim,,, NOTICE OF FILING BOND FOR PRELIMINARY INJUNCTION (Hall, J.) |
| Filing 24 FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING COUNTERCLAIM PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. Counterclaim Plaintiff's #7 Motion for Preliminary Injunction is GRANTED. Plaintiff's #22 Motion to Dismiss Defendants' Counterclaims, or in the Alternative, Partial Motion to Dismiss is DENIED. Signed by District Judge John Preston Bailey on 6/22/23. (lmm) . |
| Filing 23 Memorandum in Support re #22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or In the Alternative, Partial Motion to Dismiss Defendants' Counterclaims filed by Charles Wendt. (Llaguno, Joy) |
| Filing 22 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , or In the Alternative, Partial Motion to Dismiss Defendants' Counterclaims by Charles Wendt. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Llaguno, Joy) |
| Filing 21 Memorandum in Opposition re #7 MOTION for Preliminary Injunction and Expedited Hearing filed by Charles Wendt. (Attachments: #1 Affidavit of Charles W. Wendt)(Llaguno, Joy) |
| Filing 20 Other Document re #15 Order, Proposed Findings of Fact and Conclusions of Law Regarding Counterclaim Plaintiffs' Motion for Preliminary Injunction filed by Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc.. (Hall, J.) |
| Filing 19 TRANSCRIPT PURCHASE ORDER by Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc., for proceedings held on 6/12/2023 before Judge John Preston Bailey. (rak) |
| Filing 18 TRANSCRIPT of Proceedings held on 6/12/2023 before Judge John Preston Bailey. Court Reporter/Transcriber Rachel Kocher, Telephone number (304) 623-7179. 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 7/6/2023. Redacted Transcript Deadline set for 7/17/2023. Release of Transcript Restriction set for 9/13/2023. (rak) |
| Filing 17 CLERK'S WITNESS AND EXHIBIT LIST: Attachments/Exhibits: #1 map, #(2) maps, #3 Deed, #4 Deed, #5 Form, #6 Assignment, #7 Chart, #8 Notice, #9 Order to Cease, #10 Chart, #11 Chart, #12 Form, #13 Form, #14 Form, #15 Receipts, #16 Letter, #17 Letter, #18 Letter, #19 Pictures, #20 Picture, #21 Letter, #22 Graph, #23 Graph. (bjt) |
| Filing 16 MINUTE ENTRY: ***NOTICE*** THE ATTACHED DOCUMENT IS NOT ACCESSIBLE. IT IS FOR STATISTICAL PURPOSES ONLY. Proceedings held before District Judge John Preston Bailey on 6/12/2023 re #7 MOTION for Preliminary Injunction and Expedited Hearing filed by West Virginia Land Resources, Inc., Marshall County Coal Resources, Inc. (Court Reporter Rachel Kocher.) (bjt) |
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Filing 15
ORDER. This Court DIRECTED plaintiff to submit an additional memorandum in opposition to the pending Motion for Preliminary Injunction and counterclaim plaintiffs to submit Proposed Finding of Fact and Conclusions of Law on or before Monday, June 19, 2023. Signed by District Judge John Preston Bailey on 6/12/23. (lmm)
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| Filing 14 Memorandum in Opposition re #7 MOTION for Preliminary Injunction and Expedited Hearing filed by Charles Wendt. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Affidavit of Charles W. Wendt, #8 Proposed Order)(Llaguno, Joy) |
| Filing 13 Corporate Disclosure Statement by Charles Wendt. (Llaguno, Joy) |
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Filing 12
ORDER SCHEDULING HEARING ON COUNTERCLAIM PLAINTIFFS' #7 MOTION FOR PRELIMINARY INJUNCTION. Hearing set for 6/12/2023 11:00 AM in Wheeling District Judge Courtroom, North before District Judge John Preston Bailey. Signed by District Judge John Preston Bailey on 6/5/23. (lmm)
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| Filing 11 Corporate Disclosure Statement by West Virginia Land Resources, Inc. identifying Corporate Parent ACNR Holdings, Inc., Corporate Parent ACNR Land Resources, Inc., Corporate Parent American Consolidated Natural Resources, Inc., Corporate Parent Murray American Consolidated Natural Resources Holdings, Inc. for West Virginia Land Resources, Inc... (Hall, J.) |
| Filing 10 Corporate Disclosure Statement by Marshall County Coal Resources, Inc. identifying Corporate Parent ACNR Resources, Inc., Corporate Parent ACNR Holdings, Inc., Corporate Parent American Consolidated Natural Resources, Inc., Corporate Parent Murray American Consolidated Natural Resources Holdings, Inc. for Marshall County Coal Resources, Inc... (Hall, J.) |
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Filing 9
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 6/27/2023; Rule 26 Meeting Report due by 7/11/2023; Initial Disclosures due by 7/25/2023. Signed by District Judge John Preston Bailey on 5/30/2023. (ag)
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| Filing 8 Memorandum in Support re #7 MOTION for Preliminary Injunction and Expedited Hearing filed by Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc.. (Hall, J.) |
| Filing 7 MOTION for Preliminary Injunction and Expedited Hearing by Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc.. (Attachments: #1 Proposed Order, #2 Proposed Order)(Hall, J.) |
| Filing 6 ANSWER to #1 Complaint, Affirmative Defenses, COUNTERCLAIM against West Virginia Land Resources, Inc., Marshall County Coal Resources, Inc. by West Virginia Land Resources, Inc., Marshall County Coal Resources, Inc.. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12)(Hall, J.) |
| Filing 5 NOTICE of Appearance by J. R. Hall on behalf of Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc. (Hall, J.) |
| Filing 4 NOTICE of Appearance by Rodger L. Puz on behalf of Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc. (Puz, Rodger) |
| Filing 2 Clerks Paperless Notice - Case filing began in CM/ECF shell case, with filing fee being paid through pay.gov on May 25, 2023. However, filer failed to complete filing process, following receipt of payment. Clerk's office notified filer of the incomplete document filing and complaint was received on May 26, 2023. (kac) |
| Filing 1 COMPLAINT against Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc., filed by Charles Wendt. Filing Fee Received $402.00 Receipt No. AWVNDC-3722171. (Attachments: #1 Exhibit A - Deed, #2 Exhibit B - Bill of Sale, #3 Exhibit C - Will of Arthur J. Wendt, #4 Exhibit D - Will of Mary E. Wendt, #5 Exhibit E - April 14, 2023 Notice of Entry, #6 Exhibit F - Counsel letter in response to Notice of Entry, #7 Civil Cover Sheet)(kac) |
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