Wendt v. Marshall County Coal Resources, Inc. et al
Plaintiff: Charles Wendt
Defendant: Marshall County Coal Resources, Inc. and West Virginia Land Resources, Inc.
Intervenor Plaintiff: Robert G. McElwee
Case Number: 5:2023cv00196
Filed: May 26, 2023
Court: US District Court for the Northern District of West Virginia
Presiding Judge: John Preston Bailey
Nature of Suit: Real Property: Other
Cause of Action: 28 U.S.C. ยง 1332 Diversity-Injunctive & Declaratory Relief
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on July 24, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 24, 2023 Filing 34 USCA letter re #30 MOTION to Amend/Correct. (lmm)
July 24, 2023 Filing 33 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #32 Notice of Appeal (lmm)
July 21, 2023 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)
July 20, 2023 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)
July 20, 2023 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)
July 11, 2023 Opinion or Order 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)
July 10, 2023 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.)
June 26, 2023 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)
June 26, 2023 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)
June 23, 2023 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.)
June 22, 2023 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) .
June 20, 2023 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)
June 20, 2023 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)
June 19, 2023 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)
June 19, 2023 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.)
June 16, 2023 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)
June 15, 2023 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)
June 12, 2023 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)
June 12, 2023 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)
June 12, 2023 Opinion or Order 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)
June 9, 2023 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)
June 6, 2023 Filing 13 Corporate Disclosure Statement by Charles Wendt. (Llaguno, Joy)
June 5, 2023 Opinion or Order 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)
May 30, 2023 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.)
May 30, 2023 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.)
May 30, 2023 Opinion or Order 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)
May 30, 2023 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.)
May 30, 2023 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.)
May 30, 2023 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.)
May 30, 2023 Filing 5 NOTICE of Appearance by J. R. Hall on behalf of Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc. (Hall, J.)
May 30, 2023 Filing 4 NOTICE of Appearance by Rodger L. Puz on behalf of Marshall County Coal Resources, Inc., West Virginia Land Resources, Inc. (Puz, Rodger)
May 26, 2023 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)
May 26, 2023 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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Plaintiff: Charles Wendt
Represented By: Joy D. Llaguno
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Defendant: Marshall County Coal Resources, Inc.
Represented By: J. R. Hall
Represented By: Rodger L. Puz
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Defendant: West Virginia Land Resources, Inc.
Represented By: J. R. Hall
Represented By: Rodger L. Puz
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Intervenor plaintiff: Robert G. McElwee
Represented By: Joy D. Llaguno
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